loitering law, need help in michigan.

[randy3232]

What is the name of your state? michigan, hi all i am new to the forums here, to get to the point me and my son were at the woodward cruise august of 05, on the way home we stoped at a rallys burger stand to shoot the bull and to have a burger it was around midnight, i was sitting at the tables out side eating and talking to a few guys when a police officer drove into the lot. my son was standing in the lot talking to a friend, the officer ask for his id and said he was loitering and was getting a ticket, and thats what he did, he drove by my car and stopped i got up and walked over to his car to see what was going on, he told me i had to leave or i was getting a ticket i explained that i was eating and doing nothing wrong, he said that rallys had no permit to serve food out side ( thay have 4 picnic tables in the lot) so i went to the manager and told her what was going on and she went outside and ask the officer what was going on, he told her to go back inside,

i gave him my info and i got a ticket

to make this as short as i can, its been 15 months now, we have been to 5 pre trial hearings, i keep asking for a jury trial and thay keep schudeling a pre trial hearing, well now the officer that gave me the ticket was killed a couple months ago, so at the last hearing i thought it would be dismissed but it wasent, now that i keep wanting a jury trial thay said i have to have a lawyer, i am haveing trouble finding one that wants to fight the ticket, what should i do, rallys has the proper permits for the outside consumpson of the food. buy the way i am 45 years old and my son is 19. ps, the lot is not posted and the police have not wrote a ticket during the daylight hours for loitering at the rallys. could someone point me in the right direction..... thanks.What is the name of your state?

 

[justalayman]

I find it hard to believe that if enough money is waived under the right attorney's nose that you cannot find an attorney but that is beside the point.

You might try filing a motion to dismiss based upon lack of a speedy trial. Not sure it is applicable to infractions (I presume loitering is an infraction rather than a misdemeanor). That may spur some action from the courts. I aslo find it difficult the courts would continue to delay this thing based upon your failure to retain an attorney. If it was this simple, millions of criminals would be using this tactic.

based upon your info, the ticket realy does seem unjustified but as always, the other guy (who is now deceased obvioulsy) usually has a different story.

you might also try a motion to dismiss based upon your 6th amendment rights to face your accusor since the officer (again, obviously) is not available.

I have one other suggestion but you need to turn on your PM function.

 

[randy3232]

thank you.... i turned on the pm.

 

[justalayman]

the site has been experinecing technical difficulties lately. I tried to send a PM and it won;t let me, yet.

 

[randy3232]

when we went for the first pre trial i asked for a jury trial, on the second time thay tryed to get me to pay 150.00 and i said no so we seen the judge again, at that time i ask for a court lawyer, i had to fill out a paper and send it in and thats what we did, the request was denied by the judge, it was set for another pre trial, by this time the officer had been shot. when we were waiting in the hall their was a lawyer their and i ask him if he could make this go away and he said sure so i told him what had happened and he explained to us that it would be dismissed, he gave me his card and left, we went in to see the judge and he ask about our lawyer and i told him that the lawyer said it would be dismissed and he had left, i gave the judge the card, he told me next time that i had to have a lawyer and that he wanted a witness list, we go back again on dec 5th i got one witness and my son, i have called three lawyers and the one i met in the hall, no one will call back, i dont get it......randy