Arrest For Obstruction In Michigan
Description
Form popularity
FAQ
Obstruction is a broad crime that may include acts such as perjury, making false statements to officials, witness tampering, jury tampering, destruction of evidence, and many others.
Resisting Arrest is one felony, because you are fighting the arrest. And evading is Fleeing Arrest which is another felony.
There are three types of Michigan misdemeanor charges: misdemeanors punishable by up to 93 days in jail, misdemeanors punishable by up to one year in jail, and high court misdemeanors which are punishable by up to two years in prison.
Obstruction not only includes physical assault or harm, but can include threats, or simply failing to obey a lawful command. While obstruction of justice is a serious accusation, some don't take it seriously because they never intended to obstruct an officer or disobey commands.
In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials.
Sec. 677. (1) A person shall not drive a vehicle when it is loaded, or when there are in the front seat a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
Misdemeanor resisting arrest or passive resistance is a Class 1 Misdemeanor.
The crime of resisting arrest can be charged as a misdemeanor under local city ordinance, however, if it is charged under Michigan state law, resisting arrest is a felony.
Only judges can issue an arrest warrant and they must have been presented sufficient probable cause to believe the person named committed the criminal offense. The state issues the warrant for the persons' immediate detention, and from there law enforcement will actively seek out the defendant to make an arrest.
Resisting arrest is frequently referred to as 'resisting and obstructing' or 'R& O' for short. Resisting and obstructing under Michigan law occurs when an individual 'assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his duties.
