Q: Legal question about casino incident and arrest legality in Michigan.
I was at a casino where I was told by a worker I would need to leave for 24 hours if I swore again after I made a comment about their games. I didn't swear again, but called the worker a "mean little troll." She claimed I used a bad word with "troll" and called the police. A policewoman later approached me, claiming I'd been asked to leave multiple times, and requested my ID. After I refused, she tried to arrest me without stating I was under arrest or reading my rights. When she attempted to arrest me, she physically took me to the ground. Throughout, I stated I hadn't done anything wrong and asked about my charges. Despite being confused and maintaining my innocence, I was eventually charged with a trespassing misdemeanor and resisting arrest felony. There were many witnesses and camera footage available from the casino and police body cams. I've never been in trouble before. Is what the officer did legal, and what can I do about these charges?
A:
Here's the thing everyone needs to understand: this isn't a TV show or movie; cops don't have to Mirandize you or even really explain anything to you. On the street (or in this case, in the casino) is not the time to plead your case.
You're probably right that there will be video footage. Unfortunately for you, that video is probably going to show a cop who has been told you've been asked to leave ask for your ID, which is a lawful order. By your own words, you refuse. In Michigan, that falls under the resisting and obstructing statute - a 2-year "high court" misdemeanor (felony). You don't need to hit a cop; all you need to do is resist a lawful order. Now you're arrestable on a felony charge.
Had you simply provided your ID, the cop would probably at worst issued you an appearance ticket for misdemeanor trespassing, and sent you on your way. At best, the cop may have simply said "just leave now and don't come back, or I'll charge you with trespassing". The point being that you are not going to win a legal argument with cops on the street - there is a reason you have a right to remain silent, because anything you say can AND WILL BE used AGAINST YOU. The cops are not in the business of determining whose right or wrong; they were called by the casino saying they want you out - end-of-story for the night. Did you think they would tell the casino they have to let you stay?
Given your lack of record, I would imagine you'll be offered a plea to attempt R&O, which is a 1-year misdemeanor. I wouldn't expect jail time, but only a local lawyer familiar with your particular judge could opinion as to what is likely to happen.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
