Defending Disturbing Peace Charges

Summary

In Michigan, disturbing the peace charges can be defended by arguing lack of intent, improper service, or procedural errors. Schools and school buses may be considered quasi-public places, affecting the applicability of such charges. If facing multiple charges, consider filing motions for clarification and dismissal. Seek assistance from legal aid organizations and online resources like Michigan Legal Help for guidance. Document all interactions and evidence, and consider filing motions for recusal if judicial bias is suspected. Legal aid organizations and online forums can provide additional support and information.

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Disturbing the peace charge. At arraignment judge said he didn't wanna even hear what I had to say. I have no previous history of current charges and no criminal history as well.
In Michigan, disturbing the peace is often charged under MCL *.*. Here are some potential defenses you might consider:
- Self-defense: If you were acting to protect yourself or someone else.
- Lack of intent: You did not intend to cause a disturbance.
- False accusation: If you believe you were wrongly accused.
What's your next court date?
For past 2 years Mia, Jose, Gianni and Maria. All have picked up Tito from bus stop. All of a sudden one day School bus driver wouldn't release my brother to any of the relatives I named. So mia reached in grabber her brother while the driver was swinging her arms to keep him imprisoned in a small area. The bus driver elbowed Tito in the chest causing a contusion on his chest. As well as traumatizing him. He won't ride a bus and had to force him to go back to school. He's scared the lady (school bus driver) will get him again.
This is a serious situation involving potential assault and emotional trauma. Here are some relevant points:
- Assault: The bus driver's action of elbowing Tito could be considered assault.
- Negligence: The school and bus driver may be liable for not following proper protocols.
- Emotional Distress: Tito's trauma could warrant a claim for emotional distress.
You may wish to consult with a local attorney specializing in personal injury or education law. What steps have you taken so far to address this with the school?
Everyone was bias. No one checked Tito to see if he was ok. The school superintendent the officer at the scene and transportation agent. They all took the side of school bus driver. This is a small town everyone knows everyone. The superintendent is the one who filed charges and was not present until after everyone already left the scene.
It seems Tito's situation involves several legal issues including potential assault, negligence, and emotional distress. You might consider the following steps:
- File a formal complaint with the school district.
- Obtain medical records documenting Tito's injury.
- Collect witness statements or any available video evidence.
- Consult with a local attorney specializing in personal injury or education law.
Have you already taken any legal actions or consulted with a lawyer regarding this incident?
All the lawyers we went to. Won't touch the case. I'm assuming due to all of them knowing each other
It sounds like a challenging situation due to the close connections in your town. Here are some further steps you can consider:
- Contact the State Board of Education: File a complaint at the state level.
- Seek Legal Aid Organizations: Look for legal assistance from organizations that offer free or low-cost services.
- Document Everything: Keep detailed records of all interactions, medical reports, and any communication with the school.
Have you considered seeking legal assistance from a neighboring city or county?
The police report had lies in it. The same officer who did police report. Served mia with papers. But Mia was asleep. Instead he threw papers over porch door at her brother Jesus. He never explained to Jesus either.
This situation involves multiple legal issues, including potential misconduct by the police officer and mishandling of service of legal papers.
Here are some general steps you might consider:
- Challenge the Police Report: File a formal complaint about the inaccuracies in the report.
- Improper Service: The way the papers were served may not comply with legal requirements.
- Consult a Lawyer: Given the complexities, seeking legal assistance from an attorney in a neighboring area may be beneficial.
Have you documented the incident and inaccuracies in the police report?
We've documented every thing. She is being charged with * counts of disturbing the peace. The incident happened on a school bus full of students. The scenery was already loud. School is a private place. How can she be charged with disturbing the peace in a private place.
In Michigan, the charge of disturbing the peace (MCL *.*) generally applies to public places, but schools or school buses can sometimes be considered quasi-public places due to the presence of others and the potential for public disturbance.
Potential defenses could include:
- Lack of intent to disturb the peace.
- The environment was already loud, and her actions did not significantly add to the disturbance.
- The incident occurred in a quasi-public place, not a fully private one.
Have you considered filing a complaint about the improper service of papers?
The judge who is also in a pending case himself for assault and battery on his wife, took the side of school and prosecutor. I don't understand how they ca charge her * counts without letting her defend her self. They won't hear her side.
It seems like there are multiple layers of issues here, including the judge's potential bias, improper service of papers, and the charges themselves. You may consider the following steps:
- File a Motion to Recuse the Judge: Request a different judge due to the current judge's pending case and potential bias.
- File a Motion to Dismiss Charges: Based on improper service and lack of intent to disturb the peace.
- Seek Legal Aid from Organizations: Consider contacting legal aid organizations for support.
Have you already filed any motions or complaints regarding the judge's bias?
We talked to the court appointed attorney. Who didn't have time for us. She literally said the court was unorganized and over whelmed that is was fucken ridiculous. She used that word. We worried that we will be denied a different judge or venue and then retaliation will happen.
You might consider the following steps:
- File a Formal Complaint: Report the court-appointed attorney's unprofessional behavior to the state bar association.
- File a Motion for Change of Venue: Due to potential bias and conflict of interest.
- Seek Assistance from Legal Aid Organizations: They may provide representation or additional resources.
Have you already filed any complaints or motions regarding the attorney's behavior or the need for a change of venue?
No. We're suppose to meet with the attorney again on the 13th of December. We are thinking we will see what she says. As we have no other options. My friend is a pro se litigant. He's nervous to help or give advice due to the law being in cahoots in this small town.
It's understandable to feel nervous in a situation like this. Here are some steps to consider before the next meeting with the attorney:
- Document Concerns: Write down all issues and concerns to discuss with the attorney.
- File Motions: Prepare to file a motion to change the judge or venue.
- Seek External Advice: Consider contacting legal aid organizations for additional support.
Have you considered reaching out to a legal aid organization in a nearby city for additional guidance?
Weve been researching everyone and everything. Court procedures and rules. Constitution, common law, criminal law. Court cases like ours that won maybe we can refer to.
It sounds like you're doing a thorough job researching and preparing for your case. Here are a few additional tips:
- File a Motion for Recusal: Given the judge's situation, this could be crucial.
- Motion to Dismiss: Focus on improper service and lack of intent.
- Document Everything: Keep detailed records of all interactions and evidence.
Have you prepared a list of case references that are similar to yours which you can present during your proceedings?
We don't know if their doing admiralty law or criminal, they all talk legalese we don't understand.
It sounds like you're dealing with a complex situation. Since you mentioned the confusion between admiralty law and criminal law, it's important to clarify that disturbing the peace is typically a criminal matter, not admiralty law. Here are some steps to help:
- Clarify Charges: Confirm that the charges are criminal (disturbing the peace) with your attorney.
- Legal Aid: Seek guidance from legal aid organizations for clearer explanations and support.
Have you tried contacting any legal aid organizations in nearby cities for clearer assistance?
I will try and look for some tomorrow
It seems like you have a strong case with multiple legal issues. Here are some key steps to consider:
- Clarify Charges: Confirm the exact nature of the charges with your attorney.
- Legal Aid: Contact legal aid organizations in nearby cities for better support.
- Document All Issues: Continue documenting all concerns and evidence.
- Prepare Motions: Be ready to file motions for recusal and dismissal.
Good luck with your research and preparation!
It's * charges from city of Holland for disturbing the peace. Then * charges from Holland township of disturbing the peace. When we went to arraignment. Attorney on duty at the time said it was * charge. When we went up to the judge he said * charges. Gianni was charged with * disturbing the peace at arraignment. When she went in for pre trial it turned into * charges.
It seems that there are significant procedural and potential bias issues in your case. Here are a few additional steps you might consider:
- Motion for Clarification: Request the court to clarify the charges and ensure they are consistent.
- Motion to Dismiss: Argue for dismissal based on procedural errors and improper service.
- Seek External Legal Aid: Continue to contact legal aid organizations in nearby cities for assistance.
Have you received any written documentation detailing all * charges?
I will try. I know their railroading my daughter and niece. I've spent hours upon hours on computer researching anything and anyone that can help. Is there a place to learn all about defenses for my situation
You can learn about legal defenses for disturbing the peace by referring to online legal resources and legal aid organizations. Here are some options:
- Legal Aid Websites: Check out resources like Michigan Legal Help (michiganlegalhelp.org) for self-help tools and information.
- Legal Libraries: Visit your local law library for books and resources on criminal defense.
- Online Legal Forums: Sites like Avvo and Justia provide forums where you can ask questions and get advice from legal professionals.
Have you contacted any of these resources yet?
No. We only have * Library and that Library took out law books.
Given the complexity and the potential bias in your situation, it's essential to gather as much information as possible. Here are some resources you can explore online:
- Michigan Legal Help (michiganlegalhelp.org): Offers self-help tools and guides.
- Legal Aid Organizations: Search for nearby cities for assistance.
- Online Forums: Avvo and Justia can provide advice from legal professionals.
Have you tried reaching out to any online legal forums or resources yet?
We will try thank you for your help
You're welcome! It sounds like you are working hard to defend your case. Don't hesitate to reach out to online legal forums and legal aid organizations for more specific advice and assistance. Good luck!