July 2012 Archives

37th District Court Of Macomb County; Jurisdiction Covers the Cities of Warren and Centerline

July 25, 2012,

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Many of our blogs explore criminal and drunk driving issues within the realm of our law firm's expertise. Others are about the Courts where we frequently practice law. This blog is about the 37th District Court where we regularly provide legal services to our clients who are charged with traffic offenses, criminal (felony or misdemeanor) and OWI cases arising out of Warren and Centerline.

The 37th District Court has two locations which are located in the cities of Centerline and Warren. (MAP OF WARREN) The jurisdictional boundaries of these Courts covers 36 square (from 8 Mile Road to 14 Mile Road and from Hayes to Dequindre). South of 8 Mile Road is the City of Detroit and West of Dequindre is the County of Oakland. Within the boundaries of the 37th District Court are major Macomb County roads, the I-696 expressway, industrial centers, General Motors Tech Center, Automobile Dealers, over 100 restaurants and retail establishments.

The Warren Police Department (WPD) is located directly behind the 37th District Court. The WPD is one of the most active law enforcement agencies in Macomb County with a major detective bureau, air force (helicopter) motorcycle and traffic patrol squad. The detective bureau has a drug enforcement team as well as other units which engage in various undercover operations including cracking down on prostitution. The Michigan State Police also have a presence in Warren as the law enforcement entity responsible for patrolling I-696 expressway.

Our firm has represented clients charged with just about every imaginable misdemeanor and/or felony crime in the 37th District Court including drunk driving (OWI), drug crimes, disorderly conduct, prostitution, offer to engage or solicit sex from another, domestic assault, assault crimes, retail fraud, larceny, fraud, breaking and entering, child abuse, criminal sexual conduct, indecent exposure, malicious destruction of property, traffic violations, DWLS and probation violations.

As experienced criminal defense attorneys in Macomb County, I can say that the 37th District Court is a just and fair place to practice law. What I mean is that Judges are willing to listen to arguments and fairly dispose of criminal, drunk driving and traffic cases. I have found that the Judges are willing to give a criminal defense attorney some leeway when a case goes to trial or preliminary examination. In addition, most criminal cases handled by our firm are resolved without trial (90% or more are resolved by aggressive plea negotiations).

Criminal Cases in the 37th District Court

We set various goals when a client is charged with a criminal or drunk driving offense. Avoidance of a criminal conviction and jail are on the top of our list of goals. Some of our success stories include reducing a felony to a misdemeanor or having a case taken under advisement with a dismissal after a period of probation and compliance with the Court's conditions. We have utilized every special provision of law in the 37th District Court to obtain dismissals of retail fraud, domestic violence, possession of drugs/marijuana, MIP and many other criminal offenses. The Court will also consider petitions to have youthful offenders (age 17 but under age 21) placed on a special status where the public record will be sealed and the offense dismissed for eligible offenders.

Drunk Driving Cases in the 37th District Court

I have found the Judges in the 37th District Court to take some mercy on first offenders whether they are charged with a criminal offense or drunk driving (OWI). Drunk driving cases rarely get dismissed. However, by aggressively defending our clients, an OWI charge can often be reduced to a lesser offense which will save a client money, points and driver responsibility fees. I have represented two (2) clients in July 2012 who had BAC (Blood Alcohol Content) results of .17% or greater. In both cases, I was able to have the charges reduced to impaired driving. (A chemical test result of .17% or greater is known as a "Super Drunk" case and the policy is usually against any reduction in the charge).

Traffic Violations in the 37th District Court

When resolving a traffic matter in the 37th District Court, we are often able to have traffic tickets amended and avoid points. A traffic ticket can be reduced to a Michigan civil infraction known as "impeding traffic" which does not appear on a person's driving record and does not carry any points.

We take every precaution to know the strengths and weaknesses of our cases, set realistic goals and formulate strategies to achieve favorable results. In doing so, we will obtain discovery (police reports, videos, test results), witness statements and make recommendations to our clients for counseling whenever this is an appropriate course of action.

37th District Court Locations:

Warren: 8300 Common Road, Warren, MI 48093 Phone: 586-574-4910

Centerline: 7070 East 10 Mile Road, Centerline, MI 48015, Phone: 586-757-8333

37th District Court Presiding Judges:

John Chmura, Matthew Sabaugh, Jennifer Faunce, Dawn Gruenburg

Soon, Judge Dawn Gruenburg will be leaving the 37th District Court for a Federal Judicial Appointment. She will be dearly missed. Her replacement will be appointed by Governor Rick Snyder. Our firm has sent letters to Governor Snyder in favor of qualified candidates.


The Abdo Law Firm: Notable Cases And Results Part 1

July 24, 2012,

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The Abdo Law Firm, established more than 30 years ago, prides itself on personal service, professionalism, empathy, and most importantly RESULTS. The purpose of this blog is to share some notable success stories that our office has had since Matthew Abdo has joined the Firm. In all of our cases, hundreds a year, we fight to get charges reduced or dismissed and we always push to eliminate or minimize jail time. Though all of our cases are important to us, beneath are some where we feel we achieved exemplary outcomes.

Charge: Home Invasion 3rd Degree / Malicious Destruction of Property
Max. Jail: 5 years
Court: 41-A District, Shelby

In this instance, Cy was able to negotiate a resolution whereby the original charges were dismissed in lieu of a plea to Entering Without Permission. This is a notable result not only because a 5 year felony was reduced to a misdemeanor and the client did not have to serve any jail time, but because he will eligible to have this off his record after successful completion of probation.

Charge: Assault to do Great Bodily Harm Less Than Assault Less Than Murder
Max Jail: 10 years
Court: 37th District, Warren / Macomb County Circuit

Here, Matthew, through extensive negotiation, advocacy, and motion practice, got the original charge reduced to a Disorderly Conduct. Initially, the client was facing up to 10 years in prison. Ultimately, a plea was offered to a 90 day misdemeanor. After a 4 month period of non-reporting probation the matter was dismissed. The client did not serve any time in jail.

Charge: Placing Harmful Objects in Food
Max Jail: 10 years
Court: 41-A District, Shelby / Macomb County Circuit

This charge, where the client was looking at potentially 10 years of incarceration, was reduced to a 1 year misdemeanor. Furthermore, the client did not have to serve any time and is additionally eligible to have the conviction off his record after succession completion of a manageable term of probation.

Charge: Criminal Sexual Conduct 2nd Degree
Max Jail: 15 years
Court: 41-A Shelby (Utica)

The client in this matter was looking at serious jail time on a conviction of 2nd Degree CSC. Through extensive discussions this matter was dropped to a 1 year misdemeanor and concluded in District Court. At sentencing, the client did not receive any jail time. Further, Cy was able to petition the Court in order to allow the client, an out-of-state resident, to leave Michigan.

Charge: Vicious Dog, Animal at Large
Court: 38th District, Eastpointe

In this case the client's job was at stake with a conviction and so Matthew was presented with a must-win scenario. The Firm would not settle for anything less than a dismissal and appeared in court 5 times until a dismissal was ultimately granted.

Charge: Animal Abuse, Abandonment
Court: 72nd District, Port Huron

This was another case where the office felt anything short of a dismissal would not be an appropriate outcome considering the surrounding facts and circumstances. Through pretrial negotiation the charge was dismissed, preserving the client's clean record. No jail, probation, or fines were assessed.

Charge: Assault, Probation Violation
Court: 41-B District Court, Clinton Twp. and 40th District Court, St. Clair Shores


This legal matter is an example of how our office often takes on cases that have implications in multiple jurisdictions. Here, the client was serving a term of probation in St. Clair Shores and was subsequently charged with assault in Clinton Twp. The client was innocent and therefore would not take anything less than a total victory. A guilty verdict in Clinton Twp. would have violated the client's probation in St. Clair Shores and he very likely would have been looking at jail time. Matt fought the case up to the date of trial, and on that date it was dismissed. Subsequently the client's St. Clair Shore's probation violation was excused. No jail, probation, or fines were assessed.

42-2 District Court in New Baltimore (Macomb County) Fines and Costs Schedule for Misdemeanors and Drinking and Driving Cases

July 20, 2012,

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Many of our blogs explore criminal and drunk driving issues within the realm of our law firm's expertise. Others are about the Courts where we frequently practice law. This blog is about the 42-2 District Court in the City of New Baltimore where we regularly provide legal services to our clients who are charged with criminal and OWI cases arising out of New Baltimore, Chesterfield Township, New Haven and Lenox Township.

The 42-2 District Court, located in the City of New Baltimore, has posted a list of possible fines and costs for various crimes. The list also contains a warning as follows: ALL FINES AND COSTS ARE DUE AT THE TIME OF SENTENCING, WE DO NOT GIVE TIME TO PAY. This warning is followed by strong language that failure to pay fines and costs will result in jail time.

42-2 District Court Drunk Driving Range of Fines and Costs

The approximate range of fines and costs for a first offense Operating While Intoxicated (OWI) or Impaired Driving (OWVI) in the 42-2 District Court is from $500.00 to $1,000.00. For a second drinking and driving offense, the range jumps to $1,000.00 to $2,500.00. This does not include other costs such as probation oversight expenses, substance abuse screening, driver responsibility fees, police/municipal response costs, random testing and substance abuse counseling. The driver responsibility fee for OWI is $1,000.00 per year for 2 years and for $500.00 per year for 2 years upon conviction of Impaired Driving. Based upon my experience, Judge Hackel yields to the low side of the range for fines and costs with respect to drinking and driving cases compared to many other courts.

42-2 District Court Partial List of Fines and Costs for Misdemeanors and Drunk Driving

  • OWI, IMPAIRED First Offense $500.00 - $1,000.00
  • OWI, Impaired, Second Offense $1,000.00 - $2,500.00
  • Driving while License Suspended $300.00 - $500.00
  • Domestic Violence $300.00 - $800.00
  • MIP and Open Intoxicants $200.00 - $500.00
  • Disorderly Conduct $200.00 - $500.00
  • Possession of Marijuana $200.00 - $800.00
  • Retail Fraud $200.00 - $800.00

Again, the above range for fines and costs does not include probation oversight expenses, restitution to any victim, driver responsibility fees, evaluations, police/municipal response expenses and other possible costs.

I would also like to add that our firm can often have many of these listed crimes dismissed whenever a client is eligible for a delayed sentence or a first offender program. For example, our firm handled a retail fraud case for a client who did not have a prior record. The case was dismissed after a short period of non-reporting probation after the client paid only $300.00 fines and costs. We have had similar results in other cases involving domestic violence, disorderly conduct, possession of marijuana, youthful offenders (age17 to 20) and other criminal offenses.

An attorney cannot ethically guarantee a result in a criminal case. However, I have found that some Judges will consider a person's financial circumstances when imposing fines and costs. In addition, our firm has been able to advocate that an impoverished person be allowed to provide community service to defray fines and costs in extreme cases.

Judge Hackel is a Judge that will listen to a lawyer's arguments and be willing to give someone an opportunity to have a case dismissed upon compliance with terms of probation. He is a concerned and reasonable Judge that wants to see a person improve his or her life. However, like other Judges in most jurisdictions where we practice, he is not likely to be sympathetic if someone violates probation.

The 42-2 District Court has jurisdiction over the following municipalities: New Baltimore, Chesterfield Township, New Haven and Lenox Township. Judge William Hackel III is the presiding Judge for the Court which is located at 35071 23 Mile Rd New Baltimore, MI 48047, phone: 586-725-9500. Information about other district courts located in Macomb County can be found at the county's website.

Other Court and Community Blogs:

ROMEO FINES AND COSTS

RETAIL FRAUD IN ROMEO OR WASHINGTON TOWNSHIP

ST CLAIR COUNTY

RETAIL FRAUD CASES AND THE 52-4 DISTRICT COURT TROY

RETAIL FRAUD CASES AND THE 32-A DISTRICT COURT HARPER WOODS

RETAIL FRAUD IN THE 41-B DISTRICT COURT CLINTON TOWNSHIP

CRIMINAL AND TRAFFIC JURISDICTION OF THE 42-2 DISTRICT COURT

41-A DISTRICT COURT, STERLING HEIGHTS

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Michigan Crime of Assault With A Deadly Weapon (FELONY ASSAULT); No Physical Contact or Injury Is Required

July 20, 2012,

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The offense of Assault with a Deadly Weapon (ADW), is also known as Felonious Assault in Michigan. ADW is felony which is punishable by up to 4 years in prison. ADW is a crime which involves an assault with a deadly weapon (such as a gun or knife) or any other instrumentality which is fashioned or used as a weapon (car, club, bottle) which is capable of inflicting serious bodily injury or death. A criminal charge or conviction does not require actual physical contact or an injury. The offense is considered complete upon placing another in fear of an assault by a person who possesses a deadly weapon. A person charged with ADW in Michigan may assert several defenses including: lack of intent or self- defense.

INTENT: The prosecutor must prove that a person had criminal "intent" to cause an injury or an intent to put the victim in reasonable fear of an immediate battery. Unfortunately, our criminal defense lawyers have seen many misunderstandings and over charged cases when a person is in possession of a weapon or object during a heated argument which is never intended to be used aggressively to harm anyone. This often is the case in domestic violence cases where a spouse or significant other is intoxicated and angry, has a knife or dangerous instrumentality and utilizes ambiguous words which are misconstrued in the charging process. I think the police are more apt to charge ADW to be on the safe side and avoid being accused of being lenient on domestic violence offenders. An aggressive criminal defense lawyer can often neutralize the situation by exposing weaknesses in the prosecutor's case.

DANGEROUS WEAPON: In addition to the element of "intent", ADW requires that the aggressor have a weapon or object which can inflict death or great bodily harm. A plethora of objects have been declared to be dangerous weapons in cases which involve ADW. A car, golf club, shoe boot, cane, ashtray or beer bottle have been construed to be dangerous weapons which may support a conviction of ADW.

ADW and assault crimes are closely associated with Domestic Violence cases which our firm handles extensively. As criminal defense lawyers in Macomb County, we have successfully defended ADW cases and have avoided felony convictions and jail for our clients. Avoidance of a felony conviction can occur by effective plea bargaining to have the felony charge of ADW reduced to a misdemeanor such as simple assault and battery. Every detail is important in the defense of an ADW case. The facts may indicate that a person was acting in self-defense or lacked the requisite intent. The prior assaultive history of the defendant and victim are also relevant. The mental health history of the parties may also come into play. This information may be utilized to resolve a case before trial even though the same evidence may not be admissible at trial because of relevancy, privilege or hearsay pursuant to the Michigan Rules of Evidence.


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