In a Park After Dark

My question involves criminal law for the state of: Michigan

I was given a misdemeanor complaint ticket thing for being in a park after hours. The ticket just said 'obs above parked in blah blah after posted closing hours.' Although I did not see any signs posted, I guess it's common knowledge that I should have known...

Anyways, I wasn't doing anything wrong in the car, but apparently it's double-suspicious because the park is apparently (unbeknownst to me) a popular place for narcotic deals, according to the officer.

He said "just appear at court and we'll take care of it we're pretty good at it as long as you show up."

I'm really worried because what I read online is not comforting; I'm a straight A college student with a 3.98 GPA, I have never had anything on my record (I have never received a traffic ticket for speeding or anything prior to this), and I am freaking out.

Are they going to make me go in front of a judge in a room of people and plead Guilty or Not Guilty? I guess I AM guilty of being in the park after hours, despite not knowing this common-sense law, but apparently that makes me auto-default to this going on my record forever? I don't know what to do, and I don't have the money to get any legal advice beforehand.

PS I did not know if this should be posted here or under traffic

I wanted to add that I think it's really confusing that the signs likely say "This park closes at dusk." or something, rather than "It is unlawful to be in a park after dusk." >: ( Knowing a park is closed and knowing it is unlawful... two different things.

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I'm a straight A college student with a 3.98 GPA,

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I think I would not make an issue about that when you go to court. I can see the judge now:

well, if you are so smart, why couldn't you read the sign that says the park closes at dark?

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I wanted to add that I think it's really confusing that the signs likely say "This park closes at dusk." or something, rather than "It is unlawful to be in a park after dusk." >: ( Knowing a park is closed and knowing it is unlawful... two different things.

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Given your statement here, I would really not say anything about your GPA. Let me ask this:

if there was a store you were shopping in and the sign said: "we close at dusk", do you really believe that that means something other than "you are not allowed to be here after dusk"? If a park, a business, or anything else is closed, can you actually come to the conclusion that you would somehow be permitted to be there after they closed just because they did not specifically state that you were not allowed to be there after they closed?

what is the actual law or ordinance (and the locality of the governmental authority if an ordinance). If there is no possibility of jail time, you are not entitled to be provided legal counsel. If jail time is a possibility, you can ask for a public defender.

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Quoting jk

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I think I would not make an issue about that when you go to court. I can see the judge now:

well, if you are so smart, why couldn't you read the sign that says the park closes at dark?


Given your statement here, I would really not say anything about your GPA. Let me ask this:

if there was a store you were shopping in and the sign said: "we close at dusk", do you really believe that that means something other than "you are not allowed to be here after dusk"? If a park, a business, or anything else is closed, can you actually come to the conclusion that you would somehow be permitted to be there after they closed just because they did not specifically state that you were not allowed to be there after they closed?

what is the actual law or ordinance (and the locality of the governmental authority if an ordinance). If there is no possibility of jail time, you are not entitled to be provided legal counsel. If jail time is a possibility, you can ask for a public defender.

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The GPA was just here to give a reference to my character -- not something I would say to a judge.

Anyways, I do have an argument against that other stuff, but I'm not saying I would use it. I can sit in the parking lot of a store that is closed (assuming there are no no loitering etc signs). But apparently you can't sit in the parking lot of a 'closed' park :P.

Anyways,

I appreciate your response, even if it wasn't exactly in the nicest of tones. I'm not a bad person, and I did something really stupid by being somewhere I was not supposed to be late at night, and I was being ignorant. I just wanted to know if I should be expecting to plead guilty or not guilty, knowing that I *am* guilty of being there, but seeing as how that basically eliminates any possibility of defense etc. Not really looking to be judged by people because of my GPA.

What do you mean the actual law or ordinance? The back of it says I have the right to be represented by an attorney, but other than that I don't know.

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Quoting testing4213

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The GPA was just here to give a reference to my character -- not something I would say to a judge.

Anyways, I do have an argument against that other stuff, but I'm not saying I would use it. I can sit in the parking lot of a store that is closed (assuming there are no no loitering etc signs). But apparently you can't sit in the parking lot of a 'closed' park :P.

Anyways,

I appreciate your response, even if it wasn't exactly in the nicest of tones. I'm not a bad person, and I did something really stupid by being somewhere I was not supposed to be late at night, and I was being ignorant. I just wanted to know if I should be expecting to plead guilty or not guilty, knowing that I *am* guilty of being there, but seeing as how that basically eliminates any possibility of defense etc. Not really looking to be judged by people because of my GPA.

What do you mean the actual law or ordinance? The back of it says I have the right to be represented by an attorney, but other than that I don't know.

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you have misconstrued my analogy. I said IN a store, not near a store. If you want to use a proper analogy for near the store, think of something more like: immediately outside the gate to the park.


as to law or ordinance:

a law is a statute; a written rule. An ordinance is a law of a lesser level of municipality such as a county, township, city, or town. In Michigan, when citing a law, it is often preceded by: MCL, which stands for Michigan Compiled Laws. An ordinance often does not have anything other than a series of numbers and alpha characters. If it was known what statute or ordinance was being charged with being violated, it would be easier to determine what actions you might have available or what penalty you could be facing.

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Quoting jk

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you have misconstrued my analogy. I said IN a store, not near a store. If you want to use a proper analogy for near the store, think of something more like: immediately outside the gate to the park.


as to law or ordinance:

a law is a statute; a written rule. An ordinance is a law of a lesser level of municipality such as a county, township, city, or town. In Michigan, when citing a law, it is often preceded by: MCL, which stands for Michigan Compiled Laws. An ordinance often does not have anything other than a series of numbers and alpha characters. If it was known what statute or ordinance was being charged with being violated, it would be easier to determine what actions you might have available or what penalty you could be facing.

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Not the kind of park with gates. Sorry, I'm just really upset over this...

Are these the numbers at the top under Complaint? I don't see MCL anywhere, for the record.

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testing4213;570591]Not the kind of park with gates. Sorry, I'm just really upset over this...

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You are getting too wrapped up in details of a hypothetical situation meant to provide an analogy. How about we let that drop?

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Are these the numbers at the top under Complaint? I don't see MCL anywhere, for the record.

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without knowing the form used, I cannot say where any ordinance or statute might be listed.

is there any specific legal sounding term such as

trespassing
trespassing on (some specified type of property)

or something else that sounds like it might be referring to a crime?

or is there any series of numbers or letters and numbers that either appear to have no explanation other than it might be a statute or ordinance or written in a manner that might suggest it is a reference to a statute or ordinance?

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Quoting jk

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You are getting too wrapped up in details of a hypothetical situation meant to provide an analogy. How about we let that drop?




without knowing the form used, I cannot say where any ordinance or statute might be listed.

is there any specific legal sounding term such as

trespassing
trespassing on (some specified type of property)

or something else that sounds like it might be referring to a crime?

or is there any series of numbers or letters and numbers that either appear to have no explanation other than it might be a statute or ordinance or written in a manner that might suggest it is a reference to a statute or ordinance?

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U 782-184-11 at the top
Contrary to the municipal code of the city of detroit sec 40-1-19 (or 110-1-19 or something i cant tell what it is exactly)

Misdemeanor in red The back says Traffic and Ordinance division for the court

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Sec. 40-1-19. - Loitering, etc., in parks or playgrounds after closing.

No person shall loiter or remain upon any park, playfield, playground or other public place after the hour the recreation department has ordered such park, playfield, playground or other public place to be closed.

(Code 1964, § 42-1-20)

Cross reference— Loitering generally, § 38-1-3 et seq.

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Sec. 38-1-3. - Loitering—Generally.
(a)
It shall be unlawful for any person to loiter on any street, sidewalks, overpass or public place. For the purpose of this section, loitering is defined as the act of standing or idling in or about any street, sidewalk, overpass or public place so as to hinder or impede or tend to hinder or impede the passage of pedestrians or vehicles.
(b)
A person who violates this section shall be responsible for a civil infraction and subject to a civil fine of not more than one hundred dollars ($100.00) plus costs as set forth in section 55-2-31

(Code 1964, § 58-1-10; Ord. No. 337-H, § 1, 7-27-79)

Case law annotation—Former Code Section upheld as against attack on overbreadth as a legitimate police power exercises; Detroit v. Wedlow, 17 Mich. App. 134, 169 N.W. 2d 145 (1969).

Cross reference— Loitering in parking stations, § 39-2-6; loitering in parks or playgrounds after closing, § 40-1-19; loitering near railroads, § 45-1-6; streets, sidewalks and other public places, Ch. 50; loitering in or near taxicabs and vehicles for hire, § 58-2-23.

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Sec. 55-2-31. - Civil infractions, penalties; civil fine and costs.
(a)
A violation of this chapter, which is designated a civil infraction, is not a crime and shall not be punishable by imprisonment or a penal fine. A civil infraction shall not be considered a lesser included offense of any criminal offense.
(b)
If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this chapter, the judge or magistrate may order the person to pay a civil fine of not more than one hundred dollars ($100.00) and costs as provided in subsection (c). Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments, but in the absence of permission being included in the order or judgment, the civil fine and costs shall be payable immediately.
(c)
If a civil fine is ordered to be paid under subsection (b), the judge or magistrate shall summarily tax and determine the costs of the action, which shall not be limited to the costs taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Except in a civil infraction for a parking violation, costs of not less than five dollars ($5.00) shall be ordered. Costs shall not be ordered in excess of one hundred dollars ($100.00). Except as otherwise provided by law, costs shall be payable to the general fund of the city.
(d)
In addition to any civil fine and costs ordered under subsection (b), the judge, or magistrate, may order the person to attend and complete a program of treatment, education, or rehabilitation.
(e)
A magistrate shall impose the sanctions permitted under subsections (b) and (d) only to extent expressly authorized by the chief judge of the court having jurisdiction over violations of the Michigan Vehicle Code and of the parking and traffic ordinances of this Code.
(f)
The court having jurisdiction over violations of the Michigan Vehicle Code and of the parking and traffic ordinances of this Code may establish a schedule of civil fines and costs to be imposed for civil infractions which occur within the city. If a schedule is established, it shall be prominently posted and readily available for public inspection. A schedule need not include all violations which are designated by law or ordinances as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or of a combination of civil infractions and traffic offenses.
(g)
When a person has received a civil infraction citation for defective safety equipment on a vehicle, the court shall waive any civil fine and costs, upon receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.
(h)
A default in the payment of a civil fine or costs ordered under subsection (b) or an installment thereof may be collected by any means authorized for the enforcement of a judgment under Chapter 40 of the revised Judicature Act, as amended, being MCL 600.4001 et seq., MSA 27A.4001 et seq., or under Chapter 60 of the revised Judicature Act, as amended, being MCL 600.6001 et seq., MSA 27A.6001 et seq.
(i)
If a person fails to comply with an order or judgment issued pursuant to this section, within the time prescribed by the court, the driver's license of that person shall be suspended pursuant to state law until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 55-2-32

(Ord. No. 337-H, § 1, 7-27-79; Ord. No. 12-93, § 1, 7-7-93)

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so, it's a civil infraction. That means it is not a misdemeanor nor felony and does not add to your criminal record. If you want to try to fight the ticket, you would have to fight it based on something such as the time not being posted. Was there actually a sign there and did it say the park closed at a particular time or dusk, dark or some other identifiable situation?

Seriously. What part of PARK CLOSES AT DUSK is hard to comprehend? They are not required to have gates. They have the sign that even a grade-school student should be able to read and understand.

Also, your analogy that you can park in the parking lot of a store that is closed is not always true. Look around, you may find "no parking after hours" or "No parking after 11 pm" signs. (In which case, you could be charged with "TRESPASS").

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Quoting jk

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so, it's a civil infraction. That means it is not a misdemeanor nor felony and does not add to your criminal record. If you want to try to fight the ticket, you would have to fight it based on something such as the time not being posted. Was there actually a sign there and did it say the park closed at a particular time or dusk, dark or some other identifiable situation?

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Oh he said it was a Misdemeanor when he gave it to me and it says misdemeanor in red at the top. He claimed there was a sign, but I didn't see any signs posted around at all -- just 'weight limit' signs.

And to the guy that last posted... what are you talking about? My point was I saw no sign. But whatever.

Thanks JK.

Any idea if it will be more than a fine?