Disorderly Conduct in Michigan

A plain-language look at Michigan disorderly person and disturbing the peace charges: what conduct they cover, the penalties, local ordinance versions, arraignment and bond, HYTA and delayed sentencing, and what to gather and avoid.

Two Related Charges

Michigan has two common state laws for this type of conduct.

Disorderly person, MCL 750.167, lists specific conduct, including:

Being intoxicated in a public place and either directly endangering someone's safety or property, or causing a public disturbance
Indecent or obscene conduct in a public place
Jostling or roughly crowding people unnecessarily in a public place
Knowingly loitering where an illegal business is being conducted

Disturbing the peace, MCL 750.170, covers making or stirring up a disturbance or argument in a business, on a street or highway, in a park or public building, or at a lawful public meeting.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

Penalties and Local Ordinances

Both charges are misdemeanors with up to 90 days in jail, a fine of up to $500, or both. For disorderly person, that penalty is in MCL 750.168. Disturbing the peace does not list its own penalty, so Michigan's general misdemeanor penalty in MCL 750.504 applies.

You may be charged under a city or township ordinance instead of state law. An ordinance can be worded differently and carry different penalties, so read your citation closely to see exactly which law you are charged under.

Even when the penalty is low, a conviction appears on your criminal record.

Arraignment and Bond Conditions

Your first court date is the arraignment, in the district court where the incident happened, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County). Under the Michigan Court Rules, the court must tell you:

The charge and the maximum sentence the law allows
Your right to a lawyer at every court date, including the arraignment, and to a trial, including a jury trial when the law provides one
Your right to an appointed lawyer if you cannot afford one and jail is possible

The court also sets your release terms, such as bond and any conditions.

The court rules allow release conditions such as no alcohol, staying away from specified places, and not committing any new crime. If a condition is hard to follow, raise it with the court through your lawyer instead of ignoring it.

Options That May Keep a Conviction Off Your Record

Depending on your age and history, the court may consider one of these options:

HYTA (the Holmes Youthful Trainee Act, MCL 762.11): if you were 18 through 25 years old when the offense happened, the court may place you on youthful trainee status after a guilty plea, without entering a conviction. If you were 21 or older, the prosecutor must also agree. If you complete the terms, the case is dismissed, it is not a conviction, and the record is closed to public inspection.
Delayed sentence (MCL 771.1): the court may delay sentencing for up to one year to give you a chance to show that you qualify for probation or other leniency. What happens at the end of the delay depends on the court and on any agreement in your case.

Whether any option is available depends on the prosecutor, the judge, and your record. Your lawyer can tell you whether it makes sense to ask.

The wording of each law also matters. For example, being intoxicated in public is not by itself enough under MCL 750.167. The conduct must also endanger someone or their property, or cause a public disturbance.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your citation or charging papers, your bond paperwork, your court notices, and the names of anyone who was with you. If there may be video from a business, phone, or doorbell camera, tell your lawyer right away, because it may not be kept for long. Write your own notes while your memory is fresh, and share them only with your lawyer.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not go back to the place where the incident happened if your bond says to stay away.
Do not miss court. A missed date can lead to a bench warrant.

Disorderly conduct charges often depend on exactly what was said and done, and who saw it. Read your citation to see which law you are charged under, preserve any video, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a disorderly conduct charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.