Paul J Tafelski, Michigan Defense Law

How Does Michigan Define a 90-Day Misdemeanor?

In Michigan, criminal offenses are categorized based on their severity, ranging from minor infractions to serious felonies. Misdemeanors lie between these two extremes, encompassing crimes that, while less severe than felonies, can still result in significant penalties. Within this category, there exists a specific subset of offenses commonly referred to as the "Michigan 90 day misdemeanor list." Understanding this classification, its implications, and examples of relevant offenses is crucial for anyone navigating the state’s legal system.

What Is a 90-Day Misdemeanor?
A 90-day misdemeanor is a classification of criminal offense in Michigan that carries a maximum penalty of 90 days of incarceration in a county jail. While these offenses are considered less severe than higher-level misdemeanors or felonies, they are still treated seriously within the judicial system. This means that convictions can still lead to jail time, fines, probation, and other consequences that could disrupt your life.

The Michigan 90 day misdemeanor list typically covers offenses involving minor breaches of public order, low-level theft crimes, and certain motor vehicle violations. Despite being labeled as “minor,” these offenses can lead to lasting repercussions such as a criminal record that may affect employment, housing, and even professional licensing.

Common Examples of Offenses on the Michigan 90 Day Misdemeanor List
Understanding the kinds of offenses categorized as 90-day misdemeanors is critical to grasping the potential seriousness of these charges. Typical examples of crimes often found on the Michigan 90 day misdemeanor list include:
Disorderly conduct, such as engaging in public brawling or causing an excessive disturbance.
Retail fraud in the third degree, often involving shoplifting items below a specific monetary threshold.
Driving without a valid license or operating a vehicle with expired registration.
Public intoxication or other alcohol-related disturbances.
Simple assault in cases where minimal or no physical injury occurs.

While these offenses might not seem as severe as crimes categorized under other misdemeanor or felony classifications, the consequences of a conviction can still create challenges, both personally and professionally.

Legal Penalties for 90-Day Misdemeanor Convictions
Convictions tied to offenses on the Michigan 90 day misdemeanor list carry penalties that can significantly disrupt your life, even if the initial charges seem minor. The statutory penalties include up to 90 days in jail and monetary fines, which can range from a few hundred to thousands of dollars based on the specific offense. Additionally, courts may impose probation, community service, or programs aimed at rehabilitation or education, depending on the nature of the crime.

For instance, someone convicted of retail fraud in the third degree may be required to repay the value of the stolen items as restitution, alongside jail time or probation. Similarly, a driving offense may result in mandatory driving courses or temporary license suspension, in addition to the prescribed legal penalties.

Collateral Consequences of a 90-Day Misdemeanor
The direct penalties for crimes on the Michigan 90 day misdemeanor list may not be the only concern. Those convicted often face collateral consequences that extend beyond fines and jail time. A criminal record resulting from even a minor misdemeanor can show up during background checks conducted for employment, housing application processes, or professional licensing. This can create long-term obstacles in areas of life that require trust and responsibility.

Additionally, for non-citizens residing in Michigan, a misdemeanor conviction can sometimes affect immigration statuses or applications for citizenship. It’s important to take even seemingly minor charges seriously to avoid unintended consequences.

Legal Strategies and Defense Options
If you’re facing charges for any offense on the Michigan 90 day misdemeanor list, the legal process begins with an arraignment, where you’ll be formally informed of the charges against you. From there, several defense strategies can be pursued, often depending on the specific circumstances of your case.

One key approach is challenging the evidence presented or demonstrating that the alleged actions were unintentional. For example, billing errors or administrative oversights might result in charges that could be mitigated by demonstrating a lack of intent. Similarly, self-defense arguments might reduce culpability in cases involving simple assault.

Another vital aspect of navigating these charges is exploring options for diversion programs or plea agreements. Diversion programs, if available, could allow individuals to avoid a permanent criminal record upon successful completion of specific requirements, such as counseling or community service. These strategies aim to minimize the long-term impact of a misdemeanor charge.

Can Offenses Be Expunged?
A valuable consideration for those who have already been convicted of a crime on the Michigan 90 day misdemeanor list is the possibility of expungement. Under Michigan’s Clean Slate law, certain misdemeanor offenses may be eligible for expungement after the requisite waiting period. This process clears the offense from your public record, making it inaccessible to most background checks.

Expungement can significantly improve opportunities for employment, housing, and other life circumstances, making it an option worth exploring for those seeking to move past a misdemeanor conviction.

Conclusion
Misdemeanors classified under the Michigan 90 day misdemeanor list represent a unique subset of criminal offenses that, while considered less severe, still have serious consequences. From disorderly conduct and minor assaults to retail fraud and driving violations, these offenses can lead to short-term penalties as well as long-term challenges such as a criminal record. Navigating these charges often requires a deep understanding of Michigan law and the ability to explore various defense options.

If you find yourself facing charges for any offense on this list, it’s important to approach the situation with care. Understanding the implications of the Michigan 90 day misdemeanor list and taking appropriate legal action can make a critical difference in mitigating the effects of a conviction on your personal and professional life. 

What Penalties Are Associated With 90-Day Misdemeanors in Michigan?

Misdemeanor charges in Michigan consist of various classifications based on the severity of the offense and the potential penalties. Among these, the “90-day misdemeanor” is the least severe but can still carry significant consequences. For those listed under the Michigan 90 day misdemeanor list, penalties may include fines, jail time, probation, and other collateral consequences. Understanding the penalties associated with these offenses is vital for anyone facing such charges or navigating the state’s legal framework.

Understanding 90-Day Misdemeanors
A 90-day misdemeanor is a lower-level criminal offense defined by its maximum penalty: up to 90 days in jail. Crimes categorized in this bracket are less severe than felonies or higher-level misdemeanors but are more serious than civil infractions. Offenses on the Michigan 90 day misdemeanor list typically involve minor criminal acts that may not cause substantial harm but still disrupt public order or violate laws.

Some common examples include petty theft, disorderly conduct, traffic-related violations (such as driving without proper insurance), and public intoxication. Although many view these crimes as minor, their consequences can have long-lasting effects on your personal and professional life.

Jail Time for 90-Day Misdemeanors
The most immediate and concerning penalty for any charges on the Michigan 90 day misdemeanor list is the possibility of incarceration. A conviction can lead to a maximum jail sentence of 90 days, depending on the specific offense and circumstances surrounding it. For example, a first-time offender accused of public intoxication may receive less severe punishment than someone with prior convictions or an offense involving aggravating factors.

While serving time in a county jail is not a given for 90-day misdemeanor cases, it remains a possibility, especially if the court deems probation or alternative sentencing insufficient. Individuals facing these charges must take the situation seriously, as jail time can have far-reaching implications, such as job loss or damage to personal relationships.

Fines and Financial Penalties
Another common penalty for offenses listed under the Michigan 90 day misdemeanor list is monetary fines. Courts often impose fines as either a standalone penalty or in addition to other consequences such as jail time or probation. These fines can range from a few hundred dollars to several thousand, based on the nature of the offense and the defendant’s prior record.

For instance, a conviction for retail fraud (shoplifting) in the third degree might carry a fine that reflects the value of stolen goods, restitution to the injured party, and court costs. In traffic-related offenses, financial penalties often increase if the violation resulted in an accident or endangered others. Failure to pay fines on time can result in further legal or administrative actions, such as additional penalties or suspension of driving privileges.

Probation and Alternative Sentencing
In many cases, courts may opt to place individuals convicted of a 90-day misdemeanor on probation instead of sentencing them to jail. Probation terms vary depending on the details of the case but often include strict rules and conditions, such as regular meetings with a probation officer, abstaining from certain activities (like alcohol consumption), and participating in community service or educational programs.

For example, someone convicted of disorderly conduct may be required to complete anger management classes as part of their probation terms. Such alternative sentencing is commonly granted for first-time offenders or cases where incarceration is not deemed necessary. However, failure to comply with probation requirements may lead to extended penalties, including potential jail time.

Collateral Consequences of a Conviction
A conviction for crimes on the Michigan 90 day misdemeanor list carries consequences that often extend beyond the court-imposed penalties. A criminal record is one of the most significant long-term impacts, as it can affect employment opportunities, housing applications, and even eligibility for certain professional licenses. Employers and landlords may view a criminal conviction—regardless of its severity—as a red flag, limiting access to jobs or apartments.

Other collateral consequences may include increased insurance premiums if the conviction is tied to a traffic offense, suspension or revocation of driving privileges, and difficulty securing loans or financial aid. Moreover, the stigma associated with a criminal record can create personal and social obstacles, from damaged relationships to reduced trust within the community.

Can a 90-Day Misdemeanor Be Expunged?
One potential relief for individuals convicted of offenses on the Michigan 90 day misdemeanor list is the opportunity for expungement. Under Michigan law, certain misdemeanor convictions are eligible to be removed from an individual’s public record after a specific waiting period. Expungement clears the offense, effectively allowing the person to move forward without the burden of disclosure during background checks for jobs or rental applications.

However, not all 90-day misdemeanors are automatically eligible for expungement. Offenses involving violence, repeated misconduct, or specific legal disqualifications may not meet the criteria. Consulting with a legal professional can help determine whether expungement is an option and guide individuals through the application process.

How to Address 90-Day Misdemeanor Charges
If you’re facing charges for an offense on the Michigan 90 day misdemeanor list, it’s important to take proactive steps in addressing the matter. Legal representation can help evaluate your situation, build a defense strategy, and negotiate with prosecutors for favorable outcomes such as reduced charges or alternative sentencing.

By seeking legal counsel early, you can better understand the full scope of the charges, prepare for court proceedings, and work toward a resolution that minimizes the penalties you face. Whether it’s challenging the evidence, requesting probation, or fighting for expungement eligibility, the right legal approach can make a significant difference in how your case unfolds.

Conclusion
The Michigan 90 day misdemeanor list includes a range of low-level criminal offenses that carry penalties such as jail time, fines, probation, and lasting collateral consequences. While these misdemeanors are less severe than felonies, they can still profoundly impact your life. If you are charged with a 90-day misdemeanor, understanding the potential penalties and seeking proper legal guidance is essential. Acting swiftly and responsibly can help mitigate the effects of your charges and offer a clearer path forward. 

Can You Be Arrested for a 90-Day Misdemeanor in Michigan?

Many people underestimate the seriousness of a misdemeanor charge, particularly those classified as 90-day misdemeanors. In Michigan, these offenses are considered less severe than felonies but still carry legal consequences that could disrupt your life. The Michigan 90 day misdemeanor list includes a variety of offenses considered minor by some, but they can still result in an arrest and other significant penalties. Understanding how these offenses are handled under Michigan law and when you might face arrest is crucial to protecting your rights.

What Is a 90-Day Misdemeanor in Michigan?
A 90-day misdemeanor is a category of offenses in Michigan that carries up to 90 days of potential jail time as a maximum penalty. The Michigan 90 day misdemeanor list typically includes low-level, non-violent crimes, such as minor theft, traffic violations, or disorderly conduct. While these offenses are not as severe as those that result in higher-level misdemeanors or felonies, they are still criminal offenses and are treated seriously by the legal system.

Penalties for 90-day misdemeanors include not only jail time but also fines, probation, and potential community service requirements. A conviction for these offenses can also result in a criminal record, which can impact future employment opportunities, housing, and other important facets of life.

Can You Be Arrested for a 90-Day Misdemeanor?
Yes, you can be arrested for offenses that fall under the Michigan 90 day misdemeanor list. While some people assume that misdemeanors do not lead to arrests, Michigan law allows law enforcement officers to detain individuals suspected of committing these crimes, even if they are classified as minor. Arrests are particularly common if the misdemeanor occurs in the officer’s presence or if there is probable cause to believe you have committed the offense.

An arrest may also occur if you have an outstanding warrant related to a misdemeanor crime. For instance, if you fail to appear for a court hearing or neglect to pay fines associated with a prior offense, a warrant can be issued for your arrest. This applies to offenses on the Michigan 90 day misdemeanor list just as it does for more severe crimes.

Examples of Arrest-Worthy 90-Day Misdemeanors
The Michigan 90 day misdemeanor list includes several offenses for which an individual might face arrest. Here are some common examples:
Disorderly conduct: Engaging in public disturbances or causing fights in public areas can lead to immediate arrest.
Retail fraud in the third degree: Also known as petty theft, shoplifting small items from a store is a common 90-day misdemeanor that can result in arrest if caught.
Driving offenses: Driving without a valid license, without insurance, or on a suspended license often results in an immediate traffic stop and potential arrest.
Public intoxication: Being visibly impaired and disruptive in public can lead to both arrest and jail time.
Simple assault: A misdemeanor assault charge involving minor or no physical harm can also lead to your arrest.
These offenses may seem minor, but the consequences of an arrest can complicate your life. It’s important to address these charges quickly to minimize the impact on your record.

Legal Procedures Following a 90-Day Misdemeanor Arrest
After being arrested for an offense on the Michigan 90 day misdemeanor list, the legal process begins with an arraignment. During the arraignment, the court will inform you of the charges, and you will have the opportunity to plead guilty, not guilty, or no contest. The judge may also set bail or bond conditions, allowing you to be released while awaiting further court proceedings.

If you plead not guilty, your case may progress to pretrial hearings and potentially, a trial. During this time, it’s crucial to build a strong defense. An attorney can help negotiate for reduced charges, plea agreements, or alternative penalties like probation to avoid jail time. Quick action and thorough preparation can make a significant difference in the outcome of the case.

Can Arrests Be Avoided for 90-Day Misdemeanors?
While arrests are possible for offenses on the Michigan 90 day misdemeanor list, there are ways to potentially avoid being taken into custody. For minor infractions, law enforcement officers may issue a citation or summons instead of making an arrest. This allows the alleged offender to appear in court on a scheduled date without having to go through the arrest and booking process.

To increase the chances of avoiding an arrest, it’s important to cooperate with law enforcement. Aggressive or resistant behavior during an encounter can escalate the situation, leading to an arrest even for minor offenses. Additionally, addressing any existing warrants or paying unresolved fines immediately can prevent an arrest from occurring later.

Consequences of a Criminal Record
A conviction resulting from an offense on the Michigan 90 day misdemeanor list can have lasting effects beyond the immediate legal penalties. Having a criminal record, even for a misdemeanor, may hinder your ability to secure certain jobs, obtain housing, or qualify for financial assistance programs. In some cases, the stigma of a criminal conviction can also lead to social and personal difficulties.

However, under Michigan law, it may be possible to have misdemeanor convictions expunged from your record after a specific waiting period. Expungement clears your record, allowing you to move forward without the burden of past mistakes. Consulting with a legal professional can help determine whether you qualify for this process and how to proceed effectively.

Conclusion
It is entirely possible to be arrested for crimes on the Michigan 90 day misdemeanor list, even though they are classified as lower-level offenses. Whether the arrest stems from disorderly conduct, petty theft, or a driving violation, the consequences can be serious and far-reaching. Understanding your rights and acting responsibly when faced with legal trouble is critical. If you find yourself facing allegations or arrest for a 90-day misdemeanor, seeking legal assistance promptly can help protect your rights and navigate the legal system effectively. 

Paul J Tafelski, Michigan Defense Law

Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer

2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States

(248) 451-2200