Legal Question in DUI Law in Michigan

Minors at a Party - Resisting & Obstructing charges?

What is the penalty for an R&O (Resisting and Obstructing)charge that was given as a misdemeanor?

Here's the deal: Police arrived to bust an underage party where there was alcohol. Many kids fled on foot. My 17 yr old was stopped while running through the woods. He only blew a .003 for alcohol but was taken to jail for both an MIP and, because he ran, an R&O charge. He is in sports and was afraid. Two other kids were taken to jail because they were hiding in a closet but they were only charged with MIP. They both plan to simply plead guilty, pay the fine and say it will be taken off their record eventually.

What about the R&O charge for my son?

Do we need an atty? If my son pleads guilty will this stay permanently on his record? Does it ever get expunged?

Is it worth the time and expense to do the atty. and the court appearance(s)?

Thanks!

Asked on 2/08/05, 8:06 pm

3 Answers from Attorneys

Jesse Sweeney Sweeney Law Offices, P.L.L.C.
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Re: Minors at a Party - Resisting & Obstructing charges?

You absolutely need an attorney. Especially if the R&O is being prosecuted as a felony under MCL 750.479, but even if it is being considered a misdemeanor. Did he just run away or was there physical contact involved? DO NOT plead guilty. Hire an attorney and let him either try to get the charges dismissed or negotiate an agreement if possible. Call me toll free if you need more info - 1-888-31-SWEENEY.

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2/08/05, 9:01 pm
John C. Talpos Talpos & Arnold
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Re: Minors at a Party - Resisting & Obstructing charges?

Hello, I have received a copy of your posting. There are too many issues to give you a full response in a forum such as this. The quick answer in no compromising terms is absolutely yes. Your son needs an attorney. John C. Talpos (248) 743-6800 (http://www.Mich-lawyer.com)

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2/08/05, 11:11 pm
William Morrison Action Defense Center
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Re: Minors at a Party - Resisting & Obstructing charges?

If he pleads guilty to both charges, he will have two misdemeanors on his record and cannot ever get an expungement. Assuming your son has no prior record, an attorney can likely get one of the charges dropped and the other may possibly be taken under advisement (i.e. dismissed after a time to be set by the court).

In any event, he should plead not guilty at his arraignment and have the matter set for a pre-trial.

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2/09/05, 10:36 am

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