Alcohol & Drugs: MIP, MIC, Intoxication False info and mip

Status
Not open for further replies.

jenisonfootball

New Member
I was at a party and the cops detained me and some of my friends we were all drinking. They didn't read us our miranda rights and i gave them my brothers name because he is almost 21 so i wouldn't get in trouble and the other kids also gave them false information saying that they were older. But then 10 minutes went by and we all confessed to our lies but then i was the only one who was taking to the police station and put to the holding cell. So i charged with false info and mip. So is there any way that the miranda warning could help me and also what is the average penality for both i don't have any prior convictions for any type of priors. Grand Rapids Michigan
 
I was at a party and the cops detained me and some of my friends we were all drinking.
Not a good idea.

They didn't read us our miranda rights
That's only required when being interrogated after arrest, with few exception.

and i gave them my brothers name because he is almost 21 so i wouldn't get in trouble and the other kids also gave them false information saying that they were older.
Well, "almost" 21 is still sufficient to get you in trouble ... and once you gave false ID info to the cops you committed a much more serious criminal offense - congratulations!

So i charged with false info and mip.
As you should have been.

So is there any way that the miranda warning could help me and also what is the average penality for both i don't have any prior convictions for any type of priors. Grand Rapids Michigan
Since Miranda was apparently not required in this situation, it will be of no help. But, it wouldn't help to hire an attorney to look into your case.

436.1703 indicates the following penlty:

(a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).​
It may also effect your driver's license, but I am not familiar with the laws in your state in this area.

- Carl
 
What do you mean by a much more serious offense? Any wouldn't consider getting a attorney right? I also looked into the miranda warning and it said that when they are questioning you when they have you detained, they must read you your miranda rights, but you don't think me lying about my name and age during they questioning with be dismissed at all? thanks
 
The false info charge was actually called obstruct police - false info so if you have any knowledge or help on that subject i would appreciate it thanks Grand Rapids MI
 
What do you mean by a much more serious offense?
Furnishing false identity to a peace officer is a far more serious offense than being a minor in possession - especially if you come up with the ID fo a real person. When you lied about your identity you moved up in the world from a low level MIP to a more serious criminal offense.

Any wouldn't consider getting a attorney right?
Not sure what you meant to write here, but you SHOULD consider at least consulting an attorney.

I also looked into the miranda warning and it said that when they are questioning you when they have you detained, they must read you your miranda rights,
Then you did not do enough reading. A detention would generally require Miranda only if the amount of force or the situation was the equivalent of a custodial arrest or would lead a reasonable person to believe they were under arrest. Unless you were cuffed, stuffed into a police car after cuffed, proned out on the ground, or surrounded by a bunch of angry cops, this is not likely to be the case.

but you don't think me lying about my name and age during they questioning with be dismissed at all? thanks
No, I don't. Since you were minors in custody, you were required to identify yourself for citation. Such identification is NOT subject to Miranda even if you had been arrested.

- Carl
 
The false info charge was actually called obstruct police - false info so if you have any knowledge or help on that subject i would appreciate it thanks Grand Rapids MI
What are the code sections of the two offenses you have been charged with.

- Carl
 
Mere lying to a police officer does not constitute
resisting and obstructing.
Officers responded to a loud party complaint and
contacted a subject who was urinating on the front
lawn of a residence. The officer suspected that the
subject was an intoxicated minor and asked him for
his name and age. The subject stated his name was
John Wesley Chippeway and that he was sixteen
years old. It was later determined that the subject
was in fact Mark John Vasquez and that he was
seventeen years old. The prosecutor charged him
with minor in possession and resisting and
obstructing under 750.479. The question presented
was whether a mere lie to an officer would
constitute resisting and obstructing.
HELD - In reviewing the resisting and obstructing
statute the Michigan Supreme Court held that for
obstruction there must be some type of physical or
threatened physical conduct on the part of the
defendant. "Michigan's resisting and obstructing
statute does not proscribe any manner of
interference with a police officer, and it also does
not proscribe only conduct that poses a threat to the
safety of police officers; rather, it proscribes
threatened, either expressly or impliedly, physical
interference and actual physical interference with a
police officer. Defendant's conduct did not
constitute threatened or actual physical interference.
Therefore, defendant did not 'obstruct' the police
officer, within the meaning of MCL 750.479, when
he lied to him. Mere lies are insufficient to trigger a
violation under this statute." This holding
overturned a previous Court of Appeals decision.
People v Vasquez, MSC No. 116660 (July 27,
2001).
I found this in a legal update for michigan state police
 
But you're not being charged with resisting and obstructing, are you? You said you have been charged with furnishing false info.

- Carl
 
Until we know what the code section is, it's hard to say whether the case you cited might be applicable or not. You're lucky if that's the same section - most states make it a whole new crime a - more serious offense when its a real person you ID yourself as.

It should also be noted that 740.479 was amended in 2002 which is a year after the case you cited said that statute did not include non-violent obstruction ... it now includes a "knowing failure to comply with a lawful coammand" - and that would be to identify yourself.

750.479 Resisting or obstructing officer in discharge of duty; penalty; definitions.

Sec. 479.

(1) A person shall not knowingly and willfully do any of the following:

(a) Assault, batter, wound, obstruct, or endanger a medical examiner, township treasurer, judge, magistrate, probation officer, parole officer, prosecutor, city attorney, court employee, court officer, or other officer or duly authorized person serving or attempting to serve or execute any process, rule, or order made or issued by lawful authority or otherwise acting in the performance of his or her duties.

(b) Assault, batter, wound, obstruct, or endanger an officer enforcing an ordinance, law, rule, order, or resolution of the common council of a city board of trustees, the common council or village council of an incorporated village, or a township board of a township.

(2) Except as provided in subsections (3), (4), and (5), a person who violates this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(3) A person who violates this section and by that violation causes a bodily injury requiring medical attention or medical care to an individual described in this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(4) A person who violates this section and by that violation causes serious impairment of a body function of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(5) A person who violates this section and by that violation causes the death of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

(6) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(7) The court may order a term of imprisonment for a violation of this section to be served consecutively to any other term of imprisonment imposed for a violation arising out of the same criminal transaction as the violation of this section.

(8) As used in this section:

(a) "Obstruct" includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.

(b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.479 ;-- Am. 2002, Act 270, Eff. July 15, 2002


- Carl
 
So that obstruct thing doesn't really apply to be does it.
It would no appear so.

But, it is always a good idea to run the case past an attorney just in case something does.

- Carl
 
Okay - this one is really on point:

287.963 Prohibited conduct.

Sec. 13.

A person shall not knowingly provide false information in a matter pertaining to this act and shall not resist, impede, or hinder the director in the discharge of his or her duties under this act.

- Carl
 
PRIVATELY OWNED CERVIDAE PRODUCERS MARKETING ACT (EXCERPT)
Act 190 of 2000


287.963 Prohibited conduct.
Sec. 13.

A person shall not knowingly provide false information in a matter pertaining to this act and shall not resist, impede, or hinder the director in the discharge of his or her duties under this act.


History: 2000, Act 190, Eff. June 1, 2001
Compiler's Notes: For transfer of certain powers and duties under the cervidae act from the department of agriculture, or its director, to the department of natural resources by type II transfer, see E.R.O. No. 2004-2, compiled at MCL 287.981.

What does PRIVATELY OWNED CERVIDAE PRODUCERS MARKETING ACT (EXCERPT) mean?
 
Do you know anything about michigan's penalties for false information? What is the max and the min?
Not without doing a lot of hunting through the MCL. (Sorry, don't have that much time this morning) I suspect it has the potential of jail time and some fines, but do not know for certain.

- Carl
 
Status
Not open for further replies.
Back
Top