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District-Courts-Macomb-Map

MAP OF MACOMB COUNTY DISTRICT COURTS

In 2019, Over 8,000 crimes reported in the cities of Eastpointe, Fraser and Roseville

Eastpointe and Roseville Courts: Bulging Criminal, Drunk Driving and Traffic Dockets

The 38th District Court (known as the Eastpointe Court) and the 39th District Court (known as the Roseville Court), are neighboring district courts in the southeastern part of Macomb County. The 39th District Court in Roseville has jurisdiction over the cities of Roseville and Fraser. Districting is based upon several factors which include density and traffic. As the above map illustrates, these districts are relatively small in relation to other districts in Macomb County. Eastpointe and Roseville cover a combined geographic area of approximately 25 square miles, compared to the 42-1 District in Romeo which encompasses an area of 180 square miles and other cities and townships.

  • 38th District Court is located at 16101 Nine Mile, Eastpointe, Michigan 48021. Serviced by 1 Judge with jurisdiction for the City of Eastpointe.
  • 39th District Court is located at 29733 Gratiot Avenue, Roseville, Michigan 48066.  Serviced by 3 Judges with jurisdiction for the City of Roseville and the City of Fraser.

The Eastpointe Police, Roseville Police and Fraser Police provide law enforcement services to the areas covered by the 38th and 39th District Courts.

  • Gratiot Avenue runs through both districts and is patrolled by both the Eastpointe and Roseville Police.
  • A stretch of I-94 and I-696 in Roseville are the responsibility of the Michigan State Police.
  • 8 Mile Road: The Eastpointe Police and Detroit Police monitor this shared border.
  • The Fraser Police monitor activity East of Hayes from 13 Mile Road to 15 Mile Road.

All of the above mentioned roads and expressways generate a considerable mixture of  local, commuting, retail and connecting traffic.

The information in this publication is based upon the experience of our Eastpointe and Roseville criminal defense lawyers.

Criminal Cases in the 38th and 39th District Courts: Provisions of Law to Get Dismissals Available!

There were a total of 8,014 criminal incidents reported by the neighboring cities of Eastpointe, Fraser and Roseville in 2019. The breakdown of crimes reported for each city is as follows:

  • Fraser 866 crimes reported
  • Eastpointe 2,992 crimes reported
  • Roseville 4,156 crimes reported

The majority of these crimes reported in the cities of Eastpointe, Fraser and Roseville involved assault, larceny, drugs and retail fraud. The following is list of the most prevalent misdemeanor and felony cases that we regularly see on the 38th and 39th District Court dockets:

Purpose of Arraignment and Bond: If you are arrested or arraigned for a criminal matter in the 38th District Court or the 39th District Court, you will appear before either a magistrate or judge for purpose of formal arraignment. The following will occur at an arraignment:

  • Charges are read to the defendant.
  • Defendant is advised of rights (to an attorney, to a trial, etc.).
  • For all felony matters, the defendant is given court dates for probable cause conference and preliminary examination.
  • For misdemeanor offenses, the defendant MAY be given a date for a pretrial conference or it will be scheduled at a later date (by mail).
  • The defendant MAY be instructed to provide finger prints.
  • Bond will be determined by the judge or magistrate.

WHENEVER POSSIBLE, it is advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a low bond and keeping the bond conditions under control.

Bond Condition: EVEN THOUGH PRESUMED INNOCENT,  bond conditions restrict and limit the personal freedom of an individual.   Depending on the circumstances of each case, the following are common bond conditions:

  • No out of state travel (without permission from the court)
  • No contact order (used extensively with respect to domestic violence and assault crimes)
  • GPS Monitoring (used extensively for those charged with sex crimes involving minors).
  • Testing for drugs and alcohol (wearing a monitor, random testing)
  • No possession of firearms
  • No consumption of marijuana or alcohol even though otherwise legal

Again, retaining a local Roseville or Eastpointe criminal defense lawyer can make a big difference in the outcome of the arraignment. It always helps when we can collect background and prepare for the arraignment ahead of time to avoid harsh bond conditions. For this reason, we advise our clients to contact us immediately if they believe the court has an arrest warrant.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 38th and 39th District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children

All of these special provisions of law are possible in the 38th District Court and the 39th District Court which can result in the ultimate dismissal of a criminal matter:

Even individuals that have a prior criminal record will be given respect and consideration favorable dispositions in the 38th and 39th District Courts.

High Number of Drunk Driving Cases in the 38th District Court and the 39th District Court

Based upon 2019 statistics, more 130 individuals were tested for alcohol or drugs in connection with suspicion for operating while intoxicated by the Eastpointe, Roseville and Fraser Police Departments:

  • Eastpointe:  58 breath & blood tests for DUI/OWI
  • Fraser:  35 breath & blood tests for DUI/OWI
  • Roseville:  54 breath & blood tests for

Blood is tested for both alcohol and drugs and is not included in the above summary of DUI cases in the 38th and 39th Districts. The actual number of DUI cases is higher when blood results for alcohol and drugs are factored into the totals. The above numbers confirm a high number of DUI cases in these districts. Traffic generated on the expressways, Gratiot Avenue and 8 Mile Road are all contributing factors.

APPROXIMATE DRINK – WEIGHT INDEX CHART FOR MALES AND FEMALESDUI_Image

1st offense drinking and driving:  For most first time drinking and driving offenders, jail is not likely absent some other aggravating circumstances in the 38th and 39th District Courts. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program (discretionary)
  • Possible drug testing, alcohol testing, AA meetings (discretionary)
  • 4 points on driving record

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense, not just a Super DUI.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every Macomb County court.

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation if reduced to a misdemeanor. Felonies that are not resolved in the district court are handled in the Circuit Court after the probable cause conference or preliminary examination. We evaluate every DUI 3rd for opportunities to get it reduced to a misdemeanor by filing strategic legal motions, negotiations and filing a deviation request.

Traffic Violations in the 38th and 39th District Courts: Reduced to Avoid Points and Record of any Conviction!

Several police agencies have an active presence monitoring the activity of vehicular traffic within the jurisdiction of the 38th and 39th District Courts.  Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at these Courts. When resolving a traffic matter in the 38th and 39th District Courts, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident.

Court Personnel are Forbidden to Give Legal Advice: Yet most courts are making it easier than ever to just pay your traffic ticket by visiting the court’s website and giving offenders the convenient option to pay by credit card.  What they won’t tell you on their website is that you will get points on your driving record and that you may will wind up with higher insurance premiums for several years. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer. The path of least resistance, paying the ticket, can be much costlier in the long run.

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The city of St. Clair Shores, in Macomb County,  is nestled between Lake St. Clair along its entire easterly border and I-94 running alongside its western border.  The 40th District Court has jurisdiction over legal matters that arise in the City of St. Clair Shores that include the following:

The 40th District Court is located on the corner of 11 Mile Road and Jefferson: 27701 Jefferson, St. Clair Shores, Michigan 48081, Phone: 586-445-5280. Honorable Mark A. Fratarcangeli and Honorable Joseph Craigen Oster presiding.

St. Clair Shores: Nautical Mile, I-94, I-696

St. Clair Shores is best known for its several miles of coastline on Lake St. Clair. The lake is a big draw for recreation and for many that choose to live in St. Clair Shores. The area has a reputation for its charm and being a safe place to live. St. Clair Shores is the hometown of ABDO LAW partner, Cy M. Abdo.

Most of the recreational activity and action in St. Clair Shores takes place in a dedicated zone known as the Nautical Mile. The Nautical Mile in St. Clair Shores, located on Jefferson from 9 Mile Road to 10 Mile Road,  is a Michigan landmark which consists of numerous restaurants, bars, marinas and boat dealers along a one mile stretch of land on the shoreline of Lake St. Clair.

The City of St. Clair Shores has its own police department and the Michigan State Police patrol the I-94 and I-696 interstate expressways.

Criminal Cases in the 40th District Courts: Provisions of Law to Get Dismissals Available!

In 2019, 3116 crimes were reported in the entire city of St. Clair Shores. The following is a list of the most prevalent crimes reported in St. Clair Shores as well as most other Macomb County cities and townships:

 The 40th District Court keeps close tabs on the community to insure safe streets and recreational enjoyment. I would say that both judges take a ‘hands on’ approach to their cases. They use alcohol and drug testing extensively to monitor individuals that are on bond or convicted of an alcohol or drug related offense. Jail is rare for first time offenders. However, you will always want the benefit of an experienced 40th District Court criminal defense lawyer to get the best possible result .

Arraignment and Bond: If you are arrested or arraigned on a criminal matter in the 40th District Court, you will appear either before a magistrate or judge.  If you receive a misdemeanor ticket, your attorney may waive the arraignment and have the matter scheduled for a pretrial conference at a later date. If you have a warrant for your arrest or are otherwise required to personally appear for arraignment, the presence of an experienced St. Clair Shores criminal defense lawyer can a big difference at an arraignment to keep the bond low and keep the bond conditions at a minimum. I have found that Judge Oster, Judge Fratarcangeli and the magistrate will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise cost.  However, even though you are presumed innocent, the 40th District Court will require alcohol and/or drug testing as a condition of bond upon being arraigned and during the pendency of the case.

No-Contact Orders: The 40th District Court will also impose a no-contact order in every case involving domestic violence. When a no-contact order is imposed, it restricts an individual’s right to contact or communicate with the alleged victim, even if they are married. If you find yourself in this position, a skilled domestic violence defense lawyer can file a motion to remove the no-contact order. Violating any bond condition is no joke and can result in jail time while the underlying case is pending.

Alcohol/Drug Testing: Those facing alcohol or drug charges in the 40th District Court will almost automatically be required to engage in testing for alcohol and/or drugs soon after a case enters the court system. Testing will also be imposed on those charged with offenses that involve alcohol or drugs such as disorderly conduct or domestic violence. Urine testing is the preferred means to test for drugs. For alcohol testing, the 40th District Court will consider one of the following:

  • Random breath tests
  • Ankle (SCRAM) continuous monitoring system
  • Soberlink (handheld device connected to cellular service or Wifi)

Once a person is required to be tested for alcohol and/or drugs, the 40th District Court Probation Department will be quick to set up a show cause or violation hearing if a person misses a prompt to provide a breath or urine sample or there are any positive results for any alcohol or drugs. We have represented clients that have faced show cause violations because of alcohol or drug use. A testing violation can also occur where the offender denies any alcohol or drug use and claims that the result was a “false positive”. These situations can usually be resolved with the court when the offender has an action plan to avoid further violations or can show the court that there has not been any use of alcohol or drugs.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is a huge legal victory.

The outcome of a criminal case in the 40th District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children).

In our experience, criminal cases can be resolved favorably at the 40th District Court. All these special provisions of law are possible in the 40th District Court which can result in a dismissal of a criminal matter:

Drunk Driving Cases in the 40th District Court

In 2019, there were approximately 164 arrests for operating a motor vehicle under the influence of drugs or alcohol in St. Clair Shores.  Out of this number, 60 individuals registered a blood alcohol content (BAC) of .17 or greater and faced  “super drunk driving” or OWI with a High BAC. In 2016, there were about one-third fewer individuals facing “super drunk driving” in St. Clair Shores with only 42 offenders testing with a BAC of .17 or more.

1st offense drinking and driving:  A person without any prior DUI/OWI offenses can expect to get through the court process by getting a plea deal to a reduced charge, with no jail and no loss of license.  In practice, the majority of first time arrests for  OWI (.08 to .16) can be negotiated to a reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program (discretionary)
  • Possible drug testing, alcohol testing, AA meetings (discretionary)
  • 4 points on driving record

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain for a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense, not just a Super DUI.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every court.

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation ONLY if reduced to a misdemeanor. Felonies that are not resolved in the district court are handled in the Circuit Court after the probable cause conference or preliminary examination. Click here for more information on felony procedure.

The 40th District Court Probation Department: 27701 Jefferson, St. Clair Shores, Michigan 48081

The 40th District Court has its own probation department located inside of the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. When probation is imposed, the judge may require reporting or non-reporting probation.  The maximum period of probation that can be imposed in the district courts is 2 years.

Traffic Violations in the 40th District Court: Reduced to Avoid Points and Record of any Conviction!

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Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 40th District Court. The presence of I-94 and I-696 contribute to the traffic volume in St. Clair Shores.  When resolving a traffic matter in the 40th District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident. 

Courts are making it easier than ever to just pay your traffic ticket by visiting the court’s website and conveniently providing an option to pay by credit card.  Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

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The stigma and embarrassment associated with a conviction for indecent exposure or gross indecency can last a lifetime. Behavior associated with sexually related crimes is no longer just limited to adult offenders. Juveniles are becoming more sexually active than at any other time with the availability of sexually explicit content on the internet. In addition, much of what occurs in public places is subject to video surveillance which can be preserved as evidence against individuals charged with these crimes. In defending those charged under these statutes, our Macomb County criminal defense attorneys may recommend that our clients engage in counseling as a proactive measure. A positive counseling report can be utilized in the court system to seek a favorable resolution and validate that a particular client is not a predator, is not likely to re-offend and is not a risk to the public or children. Many cases that we have handled in our Macomb County Courts, especially for indecent exposure, qualify as isolated incidents with a low likelihood of being repeated. However,  certain compulsive behavior, such as sex addiction or exhibitionist disorder, may require a regimen of long term counseling.

Indecent Exposure

The offense of indecent exposure is a misdemeanor. MCL 750.335a defines the conduct and penalty for the offense of indecent exposure in Michigan as follows:

(1)  A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.

(2)  A person who violates subsection (1) is guilty of a crime, as follows:

(a) Except as provided in subdivision (b) or (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.

(b) If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(c) If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

Gross indecency is a Felony

The offense of gross indecency is serious felony which can carry 5 years in prison. The offense is covered by MCL 750.338b and provides as follows:

Any male person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a female person shall be guilty of a felony, punishable as provided in this section. Any female person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a male person shall be guilty of a felony punishable as provided in this section. Any person who procures or attempts to procure the commission of any act of gross indecency by and between any male person and any female person shall be guilty of a felony punishable as provided in this section. Any person convicted of a felony as provided in this section shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.

Maximum Penalty of Life in Prison if Labeled a Sexually Delinquent Person

Under certain circumstances, indecent exposure or gross indecency can be punished as a felony which can carry a maximum term of life in prison if committed by someone who is classified as a sexually delinquent person. Pursuant to MCL 750.10a, the term “sexually delinquent person”, shall mean any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16.

Identifying Reasons for Deviant Sexual Behavior

Public displays of nudity may constitute an isolated incident or occur as the result of intoxication.  Indecent exposure in a public place may also be a sign of a psychological problem (exhibitionist). The offense of gross indecency is a more serious offense. Gross indecency cases usually involve a sex act in a public place. In either case, our firm may recommend a counselor for an evaluation and recommendation.

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Consequences of a felony conviction

Being accused or charged with any crime, misdemeanor or felony, is a serious matter requiring the expertise of a criminal defense lawyer. A felony is defined as an offense that can carry more than 1 year in jail up to life in prison. If the offense carries 1 year or less in jail, it is classified as a misdemeanor.  In addition to the possibility of jail/imprisonment, felonies have greater sentencing consequences in the court system and negative ramifications outside of the court system including:

  • A felony can carry imprisonment up to life.
  • The court can impose up to five (5) years probation for a felony and a maximum of two (2) years for a misdemeanor.
  • Sex Offender Registration (SORA) is required upon conviction for most sex crime felonies.
  • Travel into Canada is forbidden for a person convicted of a felony.
  • A person convicted of a felony cannot own or possess a firearm.

 

 

While researching cases, we came across an  article written by the Michigan Bar Association regarding the Top 50 Felonies Most Frequently Charged in Michigan in the State of Michigan. This list of cases also is consistent with the caseload that our Macomb County criminal defense lawyers see on the dockets of courts located in Macomb, Oakland, Wayne and St. Clair counties.

With more than 40 years experience specializing in criminal defense, I can say that the majority of our clients facing felony charges have never committed a prior felony and the underlying conduct supporting the felony charge does not involve egregious misbehavior.  Nonetheless, a felony charge is possible even for offenses involving simple possession or when a theft involves property valued greater than $1,000.00.

Top Felonies in the Metro-Detroit Courts

Pursuant to the Michigan Sentencing Guidelines, felonies are broken down into categories that determine the accompanying sentence. Punishment for each class is listed below:

  • Class A – Life imprisonment
  • Class B – Up to 20 years in prison
  • Class C – Up to 15 years in prison
  • Class D – Up to 10 years in prison
  • Class E – Up to 5 years in prison
  • Class F – Up to 4 years in prison
  • Class G – Up to 2 years in prison
  • Class H – Jail or other intermediate sanctions, such as fines

 

Below is a list of the most prevalent felony crimes that we routinely handle in the Metro-Detroit courts and that also that fall within the top 50 felonies in Michigan.

Crime Statistics for Macomb County

The Michigan State Police maintains annual crime reporting statistics for each county in the State of Michigan. For 2017, approximately 50,000 crimes were reported in Macomb County. As criminal defense attorneys in Macomb County, these statistics are meaningful in various ways. The economy, social influences (“me too”), crime waves and police practices are all factors that can have a bearing on crime reporting. Statistics indicate that all larcenies constitute the largest number of crimes reported. Nearly 10,000 larceny related crimes reported which include the following:

  • Larceny from a building
  • Larceny from a motor vehicle
  • Larceny misdemeanors (under $1,000) and Larceny felonies (over $1,000)
  • Theft of motor vehicle parts and accessories

Retail fraud (shoplifting) offenses are not included in the above statistic. Separately, approximately 2,500 retail fraud cases were reported in Macomb County for 2017. Retail fraud is classified as a misdemeanor when the amount involved is under $1,000 and a felony if the amount involved is $1,000 or more. The cities in Macomb County that reported the highest number of retail fraud for 2017 were: Roseville (536), Warren (463), Sterling Heights (425), Chesterfield Township (265)  and Clinton Township (209). The numbers for these cities are not surprising considering that these areas all have large retail centers and stores (Target, Meijer, Kohl’s, Costco, Sam’s, Walmart) within their jurisdiction.

Drug Residue or $1.00 more than $999.00 May Lead to a Felony Charge!

DRUG CRIMES: Simple possession of drugs tops the list of felony crimes in Michigan. The drug crime of possession of marijuana is classified as a misdemeanor.  As I have stated, a felony charge may be lodged for unintended behavior. For example, a person may be charged with felony possession of drugs when a police search reveals a minuscule quantity of drug residue. Felony charges can be prosecuted even though the drug residue is unusable, un-measurable and is scraped from a pipe or from the carpet of a vehicle. In researching this matter, I found that the prosecutor in Harris County, Texas has a adopted a policy to avoid prosecuting those found with drug residue. While this is a step in the right direction, Michigan has not adopted this policy. In addition to residue cases, drug charges may be brought against an innocent passenger of a motor vehicle because drugs are found in a compartment or area of the vehicle within reach, possession or view of the passenger(s).

THEFT & PROPERTY CRIMES: Several other felony crimes fall within the theft offense, or property crime category, including retail fraud, embezzlement, credit card fraud, uttering and publishing. A crime can be elevated from a misdemeanor to a felony without any intent or deliberation to wind up in that position. For example, if a theft related offense (embezzlement, retail fraud 1st degree) involves a claim of loss of $1,000.00 or more, the prosecutor will bring a felony charge. If the amount of loss is $999.00 or less, it is a misdemeanor. The danger and concern that exists is when the alleged victim makes a claim that is greater than the actual loss. Not all property crimes are dependent upon the property value. Crimes such as uttering and publishing, credit card fraud, larceny in a building, larceny from a motor vehicle constitute felonies without regard to the value of property misappropriated. Michigan State Police statistics for 2017 indicate that more than 7,000 crimes relating to larceny were reported in Macomb County.

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Imagine this scenario: Your child is riding along M-59, Big Beaver, or Woodward Avenue, in a car with friends going out to dinner, but your child is not the driver. Then, the vehicle gets pulled over because the driver violated a traffic law. Upon approaching the vehicle, the police officer claims that he can smell a hint of marijuana and searches the vehicle. (The smell of marijuana alone can provide probable cause to justify a search).  The police officer finds marijuana in the center console of the vehicle (or other compartment) and arrests everyone, including your child, regardless of the fact that the marijuana was not theirs.

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As a caring parent, you’d wonder whether your child could legally be charged with possession of marijuana even though it wasn’t theirs or they didn’t use it? The short but unfortunate answer is: Yes, they can. Charges for possession may be brought against passengers who do not legally own the marijuana (or other drugs), do not have it in their personal possession, and do not know that it is somewhere within the vehicle.

Possession Defined: Under MI law, to be charged with “possession” of a controlled substance, there must be a “sufficient nexus” between the controlled substance and the defendant, a legal concept known as constructive possession. This “nexus” does not need to be established through direct evidence. Instead, it can be established through circumstantial evidence, or inferred from the “totality of the circumstances”. MI courts have concluded that the following fact-based factors determine whether constructive possession in a vehicle exists:

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Juvenile Division of the Macomb County Circuit Court

The Macomb County Juvenile Court is located at the Old Macomb County Building at 10 North Main, Mt. Clemens, Michigan 48043: Most matters are heard at this building before a referee. 

Juvenile delinquency cases are akin to criminal cases in the adult system.  When a minor (age 16 or under) is charged with a crime (Michigan Penal Code), the case will be referred to Juvenile Court in the county where the child resides; not to the adult criminal courts. If found guilty, the juvenile may not be placed in adult prison.  The main focus of this publication will pertain to “juvenile delinquency cases” with emphasis on our firm’s experience in the Juvenile Division of the Macomb County Circuit Court.

The Juvenile Division of the Macomb County Circuit Court is located at 10 North Main, Mt. Clemens, Michigan 48043.  When a case is filed, it is assigned to one of the referees.  The job of a referee involves working with the attorney, the juvenile, the family, the prosecutor, the case worker and the victim. In our experience, more than 90% of all juvenile cases are resolved at this level. Depending upon the circumstances and the prior record of the offender, there are a variety of resolutions that are possible in the juvenile system. Diversion and consent calendar are extremely favorable proceedings which do not result in any finding of ‘guilt’ and the charge(s) are eventually dismissed.  A juvenile that enters a plea of guilty or is found guilty faces a range of dispositions that are suited for the particular individual such as: probation, house arrest, drug testing, counseling and in extreme cases detention. Referees may also conduct trials if agreed upon by the juvenile defense attorney, prosecutor and referee. The juvenile also has a constitutional right to have a jury trial. In Macomb County, jury trials are held at the Macomb County Circuit Court Building before the Circuit Court Judge assigned to the case.

Crimes by Persons Age 16 or Younger Treated as Juveniles

  • Age 16 and younger: Generally, someone under age 17 who commits a crime is treated as a “juvenile”. Juvenile cases which involve criminal activity are referred to as delinquency cases and are handled in the juvenile court. In certain cases, a juvenile case may be waived to the adult criminal court. Juvenile offenders may also be eligible for a dismissal of the offense depending upon the circumstances.
  • Waiver of juveniles to adult criminal court: Pursuant to MCL 712A.4, upon motion by the prosecuting attorney and a hearing before the court, a juvenile 14 years of age or older, accused of a felony, may be tried as though he or she were an adult. The statute further provides: “the court shall conduct a hearing to determine if the best interests of the juvenile and the public would be served by granting a waiver of jurisdiction to the court of general criminal jurisdiction.”  In making its determination, the court shall consider several factors, giving greater weight to the seriousness of the alleged offense and the juvenile’s prior record of delinquency than to the other criteria.
  • Age 17 and older: At age 17 and beyond, a person is treated as an adult for his or her criminal conduct. In our website, we explain the availability of HYTA for offenders that are age 17 but under age 24. HYTA is a status that is negotiated which can result in an offense being dismissed and the record forever sealed.

More Drug Crimes, Sex Crimes & False Bomb/Terrorism Threats

Our Macomb County defense attorneys have seen an increase in juvenile delinquency cases for crimes involving drugs, sexual activity and false bomb/terrorism threats.  Protecting our children from the outside world is becoming more difficult than ever.  Juveniles are faced with many forces of distraction and temptation.  Hard street drugs, marijuana and addictive prescribed medications are easily obtainable. In addition, the internet and cable television allows our children to access pornography and negative programming which shapes their values about sexuality and violence.  Juveniles that are unpopular or impulsive may use social media to post threatening messages that can result in serious criminal charges; false threats of terrorism/bomb threats.

Drug crimes, sex crimes and false threats of terrorism are all cases that are potentially manageable in the juvenile system.  Depending upon the circumstances, we may recommend a psychological profile to rule out predatory or violent behavior.  For cases involving false threats of terrorism/bomb threats, we always ask for character letters from family members, neighbors, teachers and members of the community that can attest to the positive qualities and good nature of our juvenile client.

Cases Involving Allegations of Sex Crimes against Juveniles

The lives of every family member is torn apart and turned upside down when a loved one is accused with a sex crime. A juvenile may be charged with a sex crime for possession of sexual images, transferring sexual images (sexting) or inappropriate behavior with a family member or non-family member.  The age of consent in Michigan is 16 for sexual activity. Therefore,  consent is not a defense to a sex crime when the victim is age 15 or younger under any circumstances, even if the victim lied about her age!

When a juvenile is accused of an inappropriate sexual incident, the parents are typically first notified by a detective.  The detective may have received a complaint from an individual or from a party under a duty to report the incident such as a physician, counselor or school personnel.  Once notified that a juvenile is accused of a sex crime, there are many steps that can be taken to prepare the juvenile and the juvenile’s family for action by the police, Child Protective Services intervention and juvenile court proceedings.

We believe in proactive management of cases when a juvenile is accused or charged with a sex crime. Our juvenile sex crime plan may include the following:

  • Advising the family and juvenile of constitutional right to remain silent (discussed below).
  • Cleaning up social media pages, cell phones (discussed below).
  • Advising the family and juvenile to refer any matters relating the allegations to their attorney.
  • Advising the family and juvenile regarding a strategy to deal with Child Protective Services.
  • Advising the family and juvenile regarding a strategy to deal with the law enforcement agency conducting an investigation.
  • Advising the family and juvenile regarding polygraph examinations.
  • Advising the family and juvenile regarding the Macomb County Juvenile Court Intake Process.
  • Sex specific psychological profile and counseling services to rule out predatory tendencies or future risk to others.
  • Sex specific and psychological counseling services for juveniles that have an underlying problem.
  • What to do if the alleged offense involves another minor child in the household.
  • Identifying cases that may be based upon lies by the alleged victim.
  • Taking an approach to avoid a sex-crime and the Sex Offender Registry (SORA)

How would you deal with any of the above legal and personal issues? Getting a lawyer as soon as you learn of an investigation can make a huge difference in the ultimate result of a juvenile sex crime case and help you regain your sanity.

Police May Attempt to Obtain a Confession

Prior to the issuance of a petition within the Macomb County Juvenile Court, the police may attempt to obtain a confession or statement from the juvenile suspect. The juvenile has all of the rights as an adult and would be urged to remain silent until an attorney can be secured. An attorney can often make recommendations as to whether or not cooperation with the police is an appropriate course of action. It may not always be plausible to have an attorney on hand when the police confront a juvenile since the police prefer to catch a suspect off balance.

 Juvenile Cases Begin with a Police Report and a Petition

 If criminal activity of a juvenile is brought to the attention of the police or authorities, a report is generated and submitted to the prosecutor. If the conduct of the juvenile supports a criminal offense, the prosecuting attorney can file a petition in the juvenile court. In Macomb County, juvenile cases are evaluated by the Macomb County Prosecutor’s Office. If the petition is approved, the juvenile may be detained pending an arraignment.

Juvenile Cases are Filed in the County Where the Juvenile Resides

Unlike adult criminal cases which are filed in the jurisdiction where the offense occurred, juvenile cases are filed in the county where the juvenile resides. Thus a juvenile that is a resident of Shelby Township, Sterling Heights or Washington Township would have his or her case heard in the Macomb County Juvenile Court even if the alleged criminal offense occurred outside of Macomb County.

Right to Jury Trial

The juvenile is entitled to a trial if a case is not resolved by other attempts.  Trials may be heard by the referee or by the Judge that is assigned to the case. However, the juvenile in a delinquency matter has a right to a jury trial pursuant to the United States Constitution. Trials in the juvenile system are handled pursuant to the Michigan Rules of Evidence.

Text Messaging, Photographs and Social Media Sites May Be Incriminating

Upon being retained, we will advise our juvenile clients to refrain from drawing any negative attention. By this, we may insist that our client refrain from texting or posting anything on social networks such as Facebook or Instagram. In addition, we may advise our client to remove any incriminating or unbecoming photographs which are posted on the internet. We may even recommend that our client shut down any social media internet sites while under investigation or the subject of a delinquency case.

Resolution of Juvenile Cases: Dismissals, Avoiding Felony Record, Avoiding Sex Crime

The juvenile court system is similar to the adult criminal system when fashioning a resolution. There are several variables that the prosecutor, probation officer and court will take in to consideration:

  • Any prior juvenile record (convictions or prior petitions in the court system)
  • The school, home and community record of the juvenile.
  • Whether the juvenile is incorrigible and/or habitually truant.
  • Whether the juvenile is addicted to drugs or alcohol and not responding to treatment.
  • Whether the juvenile has violent propensities or is a sexual predator.
  • The juvenile’s steps towards improvement during the pendency of the underlying case.
  • Whether the existing home is suitable for the juvenile to improve.

Dispositions: A juvenile that scores negatively with the court system can wind up in the youth home or face long term placement. Conversely, the Macomb Juvenile Court system is one that will consider community supervision (probation) and positive dispositions such as:

  • Diversion whereby a conviction is never entered and the case is eventually dismissed.
  • Consent Calendar with probation and dismissal upon compliance.
  • Avoiding a felony conviction.
  • Avoiding a conviction for a crime of dishonesty (larceny) or violence (assault).
  • Avoiding a sex crime conviction.
  • Avoiding the Sex Offender Registry.
  • Setting up a plea bargain for future expungement.

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District-Courts-Macomb-Map

MACOMB COUNTY DISTRICT COURT MAP 

The 42-1 District Court is located at 14133 33 Mile Road, Romeo Michigan 48065

The 42-1 District Court’s physical jurisdiction covers 180 square miles in northerly Macomb County which includes the City of Romeo, Washington Township, Armada, Richmond, Memphis, Ray Township and Bruce Township. The 42-1 District Court, also called the ‘Romeo Court’ has jurisdiction over more land mass in Macomb County than any other district court. Judge Dennis Leduc is the presiding judge of the 42-1 District Court. The 42-2 District Court, also known as the ‘New Baltimore Court‘, covers the remainder of the 42nd District.

Here are a few things that you should know if you are charged with a DUI, traffic ticket or criminal charge in the Romeo Court:

  • All fines and costs are due on the date of sentence with few exceptions.
  • Alcohol and drug testing is used extensively.
  • All DUI cases are referred for a substance abuse evaluation.
  • Most criminal cases require a probation interview prior to sentencing.
  • Drug crimes and other crimes will be considered for deferrals where dismissals can be earned after a period of probation. This is discussed in more detail below.

There are several police agencies within the 42-1 District Court jurisdiction. The Macomb County Sheriff’s Department has the largest presence in the northerly region of Macomb County. Other law enforcement agencies within this jurisdiction include the Romeo Police, Richmond Police and the Michigan State Police North Post.

The northerly region of Macomb County, is a blend of rural and suburban living. It is also experiencing economic expansion at every level. Expansion is most notable in Washington Township which is on the southerly border of the 42-1 District.  The very essence of expansion equates to an increase in population, retail development and added traffic volume.

Criminal Cases in the 42-1 District Courts: Provisions of Law to Get Dismissals Available!

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 42nd District Courts in Romeo and New Baltimore. The following is list of some of the most prevalent cases that we regularly see on the 42-1 District Court docket:

 The 42-1 District is a conservative district.  Judge Leduc runs a tight ship and his Court is run very efficiently.  Judge Leduc likes to see the presence of family members in the courtroom and will ask for their input regarding those that appear before him.

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 42-1 District Court, you will appear either before a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 42-1 District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children

We have utilized each of these special provisions of law in the 42-1 District Court which can result in a dismissal of a criminal matter:

Even individuals that have a prior criminal record will be given respect and consideration for plea deals to get a dismissal under certain circumstances.

Drunk Driving Cases in the 42-1 District Court

1st offense drinking and driving:  For most first time drinking and driving (and drugged while driving) offenders, jail is not likely absent some other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program (discretionary)
  • Possible drug testing, alcohol testing, AA meetings (discretionary)
  • 4 points on driving record

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every Macomb County court.

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation if reduced to a misdemeanor. Felonies that are not resolved in the district court are handled in the Circuit Court after the probable cause conference or preliminary examination. We evaluate every DUI 3rd for opportunities to get it reduced to a misdemeanor by filing strategic legal motions, negotiations and filing a deviation request.

The 42-1 District Court Probation Department: 14133 33 Mile Road, Romeo Michigan 48065

The 42-1 District Court has its own probation department located in the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. In many cases that qualify as isolated incidents, we may be able to convince the judge that probation, also known as community supervision, is not necessary. When probation is imposed, the judge may require reporting or non-reporting probation.  The maximum period of probation that can be imposed in the district courts is 2 years. However, our experience is that probation is rarely imposed for more than 1 year for most first-time offenders.

Traffic Violations in the 42-1 District Court: Reduced to Avoid Points and Record of any Conviction!

Several police agencies have an active presence monitoring the activity of vehicular traffic within the jurisdiction of the 42-1 District Court.  Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 42-1 District Court. When resolving a traffic matter in the 42-1 District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

Court Personnel are Forbidden to Give Legal Advice: Yet most courts are making it easier than ever to just pay your traffic ticket by visiting the court’s website and giving offenders the convenient option to pay by credit card.  What they won’t tell you on their website is that you will get points on your driving record and that you may will wind up with higher insurance premiums for several years. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer. The path of least resistance, paying the ticket, can be much costlier in the long run.

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stclair-co

St. Clair County borders Macomb, Lapeer and Sanilac Counties and is just a short distance (via the Blue Water Bridge) to Sarnia, Ontario, Canada. There are several recreational attractions in this area, major events (Port Huron to Mackinac Race, Port Huron Float Down, Jobbie Nooner) and many that choose to live in St. Clair County because of its charm and proximity to the St. Clair River and Lake Huron. If you are charged with a crime, get in trouble at the border (Blue Water Bridge or ferry crossing) or are caught driving under the influence (DUI, OWI)  in St. Clair County, your case will be heard at 72nd District Court with locations in Port Huron and Marine City.  The 72nd District Court bench are protective of their communities.

Google Maps Link for Directions to 72nd District Courts

The 72nd District Court has 2 locations in St. Clair County with jurisdiction to handle criminal and drunk driving matters which occur in this region.

72nd District Court (Port Huron)
201 McMorran Blvd.
Room 2900
Port Huron MI 48060

72nd District Court (Marine City)
2088 South Parker (M-29)
Marine City, MI 48039

St. Clair County Serviced by State, Local and Federal Law Enforcement Agencies

There are several active law enforcement agencies in St. Clair County (St. Clair County Sheriff’s Department, Michigan State Police, Department of Natural Resources, Homeland Security, US Coastguard, US Customs) which have the responsibility of keeping order in an area with an international border with Canada, miles of waterfront property and that hosts recreational activities which often involve boating, crowds and alcohol.

72nd District Courts: Resolution of Criminal & Drunk Driving Cases in Court with Jurisdiction for the Entire County of St. Clair

Dealing with any court proceeding can be an intimidating experience without the guidance of an attorney. By saying the wrong thing without proper representation, you could end up having your case scheduled for jury trial and miss an opportunity to get out of the system.  If you find yourself in this position, getting experienced attorney is crucial to navigate you through the maize of options in the judicial system.

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 72nd  District Courts. The following is list of the most prevalent cases that we regularly see on courts’ dockets:

Getting out on bond, bond conditions: If you are arrested or arraigned for a criminal matter in the 72nd District Court, you will appear before either a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for an arraignment hearing to advocate for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. In addition to the cash component of bond, the Court can also impose bond conditions and restrictions which can include: travel restrictions, no-contact order, drug and alcohol testing. A no-contact order is assured in domestic violence, stalking, assault and sex crime cases.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries not more than 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the St. Clair County Circuit Court in Port Huron for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and then remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 72nd District Courts is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children)

All these special provisions of law are possible in the 72nd District Courts which can result in the ultimate dismissal of a criminal matter:

Non-Resident or Canadian: If you reside outside of Michigan, consider getting an attorney that is experienced with the 72nd District Court system and will provide you with efficient representation.

High Number of Drunk Driving Cases in the 72nd District Courts

Based upon 2016 statistics, the St. Clair County Sheriff administered 118 breath tests and 86 blood tests for operating under the influence of alcohol or drugs. The Port Huron police were in second place with 107 breath tests and 43 blood tests. Blood tests are administered to determine the presence of drugs, as a primary test for alcohol in lieu of a breath test or court ordered when a party refuses to give a breath sample. From a total of 354 tests reported by these police agencies (not including other agencies from Clay, Marysville etc.), 131 tests registered a blood alcohol content (BAC) of .08 or greater (OWI) and 108 test results scored a BAC .17 or greater. Operating with a BAC of .17 or higher constitutes a more serious offense commonly referred to as Super Drunk Driving.

DUI_Image

ESTIMATION OF BLOOD ALCOHOL CONTENT (BAC)

1st offense drinking and driving:  For most first time drinking and driving offenders, jail is not likely absent some other aggravating circumstances in the 72nd District Courts. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less (non-reporting is possible)
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days (mandatory by Secretary of State)
  • Possible alcohol or substance abuse program
  • Possible drug testing, alcohol testing, AA meetings
  • 4 points on driving record (mandatory by Secretary of State)

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of a BAIID on any vehicle driven by a person convicted of any drinking and driving offense, not just a Super DUI.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of possible  jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in the 72nd District Courts

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation only when reduced to a misdemeanor. Felonies that are not resolved in the district court are moved up to the St. Clair County Circuit Court after the probable cause conference or preliminary examination.

Felony cases are evaluated on a case by case basis in the early stages to determine whether a legal course of action can improve the prospects negotiating a reduction to a misdemeanor.

Court Personnel are Forbidden to Give Legal Advice: Court employees will not tell you if you are eligible to get a criminal charge or drunk driving reduced to a lower offense.  If you plead guilty without a lawyer, you will not be told that the matter could have been handled with a special provision of law to get it dismissed. The path of least resistance, pleading guilty without a lawyer, can be much costlier in the long run.

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pee in public.jpeg
Urinating in a public place can be charged as a misdemeanor under local city or township ordinances, pursuant to Michigan’s Indecent Exposure Statute (MCL 750.335a), or under the general Disorderly Conduct Statute  (MCL 750.167). The crime “urinating in a public place” can be misused by the police and lead to negative connotations associated with deviancy or sexual misconduct. A conviction on a person’s record leads to undeserved misunderstandings and possibly labels the person as a weirdo or trouble maker. Let us explain how we fight and win to avoid the stigma associated with this crime when it is a case involving medical emergency or a client is eligible for substantial break under the law.

Detroit, Royal Oak, St. Clair Shores, Utica: Areas with active night-life get most disorderly conduct cases.

The police tend to be on the lookout for misconduct such as urinating in public, disorderly conduct and public intoxication in areas where bars are in close proximity to residential areas. Therefore, we see a greater number of persons charged with this crime in places like Detroit, Royal Oak, St. Clair Shores or downtown Utica where many bars are located within a confined geographical area.  By far,  Royal Oak and Detroit top the list of places where our clients face charges for public intoxication and urinating in public.

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‘Fleeing & Eluding’ and ‘Resisting or Obstructing’ the police are crimes that are classified as felony offenses in Michigan. These laws are meant to discourage conduct that endangers the public and the police who are engaged in the lawful performance of their duties. Our firm has seen an increase in fleeing and eluding cases, as well as resisting and obstructing cases, in Macomb and Oakland Counties. There are many reasons that are given by clients charged with these offenses. Some of the most prevalent reasons are as follows:

  • The offender is under the influence of alcohol or drugs, or a combination of both, and engages in risky behavior or irrational conduct.
  • The offender suffers from psychological disorders (PTSD, bi-polar disorder, ADHD), needs treatment or had an adverse reaction to medications.
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