Articles Posted in Domestic Violence

macomb_county_district_courts_map

Romeo: 42nd District Court Division 1

Above, is a map of Macomb County with a geographical breakdown of the 9 district court borders. The 42nd District Court-Division 1 is located in the City of Romeo. It is often referred to as the Romeo Court. The court has jurisdiction over a greater area of land than any other district court in Macomb County and serves the following northern Macomb County communities: Romeo, Washington Township, Armada Village, Armada Township, Richmond, Richmond Township, Memphis (south of Boardman Rd), Ray Township and Bruce Township.

New Baltimore: 42nd District Court Division 2

The 42ndDistrict Court Division 2 is located in the City of New Baltimore and it serves the communities of New Baltimore, Chesterfield Township, Village of New Haven and the Lenox Township.

Traffic and Criminal Caseload of the 42nd District Courts

The 42-1 District Court, which is the one located in Romeo, and the 42-2 District Court, located in New Balimore, have jurisdiction over civil disputes not exceeding $25,000.00, and the following other legal proceedings:

Arraignments: All misdemeanor and felony arraignments occur at the district court level. Arraignment is the first stage of a criminal case following authorization of a criminal charge.

Misdemeanors: The district courts have complete jurisdiction over misdemeanors. Misdemeanors are crimes punishable by up to one year in the county jail and/or fines up to $1,000.00.

Felonies: All felony cases begin in the district court for arraignment, probable cause conference and preliminary examination. Felony proceedings beyond preliminary examination are handled in the higher circuit unless resolved in the district court by a reduction to a misdemeanor.

Traffic: The district courts have complete jurisdiction over traffic tickets. Getting a lawyer to fight a traffic ticket to avoid points and higher insurance premiums is a wise investment.

Drunk driving, domestic violence and retail fraud are some of the most prevalent cases on the criminal dockets at the 42-1 District Court and the 42-2 District Court. Judge William Hackel presides over the 42-2 District and Judge Andary presides over the the 42-1 District Court.  Because of our consistently high criminal caseload at these courts, we consider both 42nd District Courts to be “home-town” courts. This ABDO LAW publication will focus on our experience representing clients charged with drunk driving, domestic violence and retail fraud cases at the 42nd District Courts.

Drunk Driving 

Getting nailed for drunk driving can be an ordeal no matter where it happens. However, it does make a big difference if you get a local Macomb County DUI/OWI lawyer that is experienced with the court and the judge assigned to your case.

Nationwide, less than 10% of all drunk driving cases wind up going to trial. This statistic holds true for drunk driving cases that are heard at the 42nd District Courts located in Romeo and New Baltinore, as well as every other district court in the counties of Macomb, Oakland, Wayne and St. Clair. However, I can tell you that if you get an OWI/DUI in the 42-1 District (Romeo Division) or the 42-2 District Court (New Baltimore Division), you are looking at the best-case-scenario. By best-case-scenario I mean that you are looking at getting the charge REDUCED, NO JAIL and NOT LOSING YOUR LICENSE. This is true for the drunk driving cases that we have handled for FIRST TIME OFFENDERS in the 42-1 and 42-2 District Courts from 2020-2021 where we were able to get every OWI and High BAC (.17 or more) dropped down to a lower charge with NO JAIL.  There are a few differences in the way things are done in the sister courts located in Romeo and New Baltimore. The Romeo Court is more likely to require supervised probation and alcohol testing for first offenders than New Baltimore. However, Romeo’s Judge Andary will consider early termination of probation and modification of random testing for individuals that are have been compliant.

The following are your most common options if you are charged with drunk driving

  1. Hire an attorney to negotiate the best possible plea bargain and advocate for a minimal sentence. Note: even felony drunk driving third offense can potentially be reduced to a misdemeanor!
  2. File motions to seek dismissal or reduction in the charge(s) based upon:  lack of evidence of intoxication or impairment, mistakes as to testing protocol, illegal traffic stop, lack of evidence to support the element that vehicle was “operated” by the defendant.
  3. Conducting a trial before the judge or a jury.

As I mentioned, more than 90% if OWI/DUI are resolved when an attorney can negotiate a favorable outcome that is far better than risking a guilty verdict to the higher original charges at trial. Because a local Romeo or New Baltimore drunk driving attorney knows the local polices, politics and procedures, you should never plead guilty as charged without getting sound legal advice. Watch your ass if you are getting your legal advice from the cop that arrested you and said that you don’t need a lawyer. You should also know that the court personnel are forbidden to give legal advice by every district court in Macomb County.

Link: extensive coverage of DUI/OWI cases in Macomb County.

Shoplifting-Retail Fraud

The terminology given by the Michigan Penal Code for the crime of shoplifting is “retail fraud.” Intentionally changing price tags, concealing merchandise and failing to scan merchandise are all forms of retail fraud. The offense of retail fraud may be charged as a misdemeanor or a felony. In Michigan, a misdemeanor is defined as an offense that is punishable by not more than 1 year in the county jail while a felony is a criminal offense punishable by more than 1 year – up to life in prison. The dollar amount of underlying theft and/or the prior retail fraud criminal record of the offender are the determining factors as to whether a person is charged with a misdemeanor or felony. The penalties for retail fraud are as follows:

First degree retail fraud: Theft of property of $1,000.00 or more constitutes retail fraud in the first degree, which is a felony under Michigan law, and carries up to 5 years in prison, or a fine of not more than $10,000.00 or 3 times the value of property stolen.

Second degree retail fraud: Theft of property of $200.00 up to $1,000.00 constitutes retail fraud in the second degree and carries up to 1 year in county jail, up to $2,000.00 fine or 3 times the value of property stolen.

Third degree retail fraud: Theft of property under $200.00 constitutes retail fraud in the third degree and carries up to 93 days in jail, up to $500.00 fine or 3 times the value of property stolen.

Judge Jennifer Andary and Judge William Hackel will go out of their way to give someone a second chance. Normally, almost every misdemeanor, including retail fraud, can be favorably resolved in the 42-1 District and the 42-2 District.  To be specific, both courts will take a retail fraud under advisement or set a deferral period. Upon successful completion of the deferral period the case is DISMISSED. During the deferral period, the offender is required to comply with any of the following conditions ordered by the court:

  • Attend appropriate program ranging from a 1-day class to a long-term substance abusecounseling program.
  • Possible drug/alcohol testing.
  • No contact with the retail establishment where the offense occurred.
  • Payment of combined fines and costs approximately $1,000.00.
  • Possible community service.

If you are charged with a felony, ask a local Macomb County criminal defense lawyer how it is possible to get it reduced to a misdemeanor, avoid jail and avoid a felony record.

Link: extensive coverage of retail fraud cases in Macomb County

Domestic Violence and Assault

The crimes of domestic violence and assault & battery are found in MCL 750.81

Most of those that we represent for domestic violence or assault have never been in trouble with the law and are looking for a way to get out of the system Scott-Free without a domestic violence conviction. An outright dismissal of a domestic violence or assault crime in Macomb County is possible when the victim does not want to prosecute. This is not as easy as it sounds and the services of an experienced local Macomb County criminal defense attorney can make a huge difference between getting a case dismissed and winding up with a big fat legal mess.  A local Macomb County domestic violence lawyer will formulate an individualized strategy to deal with the following potential problems that may arise:

  • How the victim should respond to the prosecutor and victim’s rights advocate.
  • Whether the victim will be held in contempt of court for failing to appear for a court date or trial.
  • How to deal with the prosecutor that intends to use the police report and witness statements when the victim does not cooperate.
  • How to avoid getting hit with witness tampering and/or obstruction of justice accusations.

Big 3 Options if you are charged with Assault or Domestic Violence: There are 3 options in the criminal justice system for a person charged with an assault crime or domestic violence which are as follows: 

  1. Seeking a dismissal when the victim adamantly does not want to testify or appear against the accused party.
  2. Pleading pursuant to MCL 760.4a which will result in a dismissal after a term of probation.
  3. Conducting a trial before the judge or a jury.

Link: extensive coverage of assault and domestic violence cases in Macomb County

 

Continue reading ›

vectorstock_18344287
ABDO LAW has several publications dedicated to “frequently asked criminal law questions and topics”. This publication is committed to the topic of  pretrial conferences and probable cause conferences in Macomb County District Courts. The signficance of pretrial conferences and probable cause cannot be ignored. The vast majority of criminal cases are resolved by a plea bargain during these stages of the criminal process. According to the Bureau of Justice Statistics, about 95 percent of criminal cases in the state and federal system are disposed of through the process of plea bargain.

What is a pretrial conference? A probable cause conference?

Pretrial conferences are scheduled in both criminal and civil cases. For criminal misdemeanor cases, a pretrial conference is a meeting that is scheduled by the court and attended by the defendant’s attorney and the prosecuting attorney.   The major purposes of a pretrial conference and probable cause conference is to facilitate resolution of a case, management of a case for trial or management of a case regarding other housekeeping matters (listed below).  Generally, the Judge and witnesses are not directly involved in the conference process. However, the victim will be advised regarding the outcome of a pretrial conference and most prosecuting attorneys require the consent of the victim to any plea bargain to reduce or amend criminal charges. In addition to negotiations and plea bargaining, there may be pretrial hearings on the validity of confessions, searches, identification, etc. Other matters covered at the pretrial conference include motions and requests to determine whether evidence will be admitted or suppressed at trial. In truth, most judges hate trials and will encourage the litigants to strive for case resolution. If a case is not resolved, the court may schedule additional pretrial conferences to give the parties an opportunity to fully explore the possibility of plea bargaining. Getting a criminal charge dismissed is also a possible pretrial conference result. 

macomb-courts-logoMacomb County District Courts

We have dedicated this  article to give you the big picture on the topic of misdemeanors in Macomb County. This project is based upon our experience handling more than 10,000 criminal cases in Michigan. Misdemeanor cases are handled in the local district courts for each county. The district court system in Michigan is broken down based upon population. This map illustrates the jurisdictional picture of the district court system in Macomb County where misdemeanor cases are adjudicated:

District-Courts-Macomb-Map

The list below contains links to the district courts located in Macomb County:

Most Prevalent Misdemeanors in Macomb County

In Michigan, each crime is classified as either misdemeanor or felony. The maximum term of incarceration determines whether a crime is classified as a misdemeanor or felony. A misdemeanor is defined as a crime that carries 1 year or less in jail. A felony is defined as a crime that carries more than 1 year, up to life, in prison.

Based upon our experience, the following are the most prevalent misdemeanor crimes that you will find on the dockets of the Macomb County District Courts:

Each of the above offenses constitutes a crime. Drunk driving, retail fraud, MDOP and assault may also be charged as felonies depending upon the circumstances. Upon conviction, the offense will appear on a person’s permanent public criminal history with the Michigan State Police and the FBI. With some exceptions, most misdemeanors are eligible for expungement.

Our research indicates that there are several thousand arrests in Michigan for misdemeanor offenses. Drunk Driving cases account for roughly 10,000 arrests each year in the Counties of Macomb, Oakland and Wayne.  In 2018, approximately 20,000 property crimes were reported in Macomb County alone. Property crimes include retail fraud, MDOP, other larceny crimes, joyriding and embezzlement.

Certain misdemeanor offenses may be more prevalent in a particular geographical area because of specific police activity. For example the following criminal offenses are targeted by the police and thus more prevalent in these areas:

Penalties  and Consequences for Misdemeanors

Misdemeanors are extremely serious matters. The presiding district court judge has vast power to sentence an individual following a conviction for a misdemeanor. The list of potential penalties and consequences for a misdemeanor conviction are as follows:

  • Jail: Up to 1 year incarceration.
  • Fine, court costs and cost of prosecution in the judge’s discretion.
  • No limit on restitution for any loss, injury or damage to victim(s) or third parties such as insurance companies.
  • Probation for up to two (2) years.
  • Probation for up to five (5) years for stalking.
  • Substance abuse counseling, attendance of AA meetings.
  • GPS monitoring (in cases such as stalking).
  • Loss of right to obtain a concealed pistol license (CPL) for a period of 3 years or 8 years, depending upon the offense.
  • Suspension or revocation of driver’s license for traffic misdemeanors and OWI.
  • Points added to your driving record for traffic misdemeanors and OWI.
  • No contact order as a bond condition and during the entire period of probation.
  • Alcohol and drug test testing as a bond condition and during the entire period of probation.
  • Travel restrictions as a bond condition and during entire period of probation.
  • Reporting to a probation officer at intervals to be determined by the judge.
  • Deportation for non-US citizens upon conviction of misdemeanors that constitute crimes of moral turpitude.

Getting an experienced criminal defense attorney can be the best decision that you can make if you are charged with a misdemeanor. There may be ways to avoid a conviction altogether, have the offense reduced or amended and avoid many of the penalties and consequences as listed above.

Getting a Misdemeanor Case Under Control

A misdemeanor needs to be taken seriously. Fortunately, there are distinct provisions of law in Michigan designated to obtain a dismissal of a misdemeanor without going to trial. These provisions of law afford an individual a chance to get a criminal charge dropped after completing a period of probation and complying with the terms of probation. The following is a list of provisions used extensively in every Macomb County Court with links for expanded explanations:

  • HYTA: HYTA status enables youthful offenders (age 18 but under age 26) to get a criminal offense (felony or misdemeanor) dismissed and sealed.
  • Dismissal of Drug Crimes: First time drug offenses involving use or possession, but not delivery, can be dismissed pursuant to application of MCL 333.7411.
  • Domestic Violence: A domestic violence charge can be dismissed pursuant to MCL 769.4a.
  • Delayed sentence with dismissal: MCL 771.1 is a special provision of law that can be utilized to get a criminal case deferred and dismissed.

All of the above provisions of law are subject to eligibility and the judge’s approval. Getting a criminal conviction deferred and dismissed pursuant to MCL 771.1 requires the prosecutor’s approval and the approval of the court. Getting HYTA for offenders that are 21 but under age 26, also requires the prosecutor’s approval. The victim of any crime may also object to a favorable plea bargain.

Retail Fraud/Shoplifting Can be Dismissed in Macomb County

Retail fraud is the name given for the crime of shoplifting in Michigan and it is always one of the most prevalent crimes that we see in every courtroom in Macomb County. The offense of retail fraud is committed by taking something from a retail establishment with the intent to steal. The crime is accomplished by the intentional concealment of goods, changing a price tag/package or by attempting to defeat the scanning process. Retail fraud is a serious crime and constitutes a crime of moral turpitude that will result in deportation for those that do not have United States citizenship. The penalty for retail fraud depends upon the value of the goods:

  • Retail Fraud First Degree (value of goods $1,000.00 or more): Felony punishable by up to 5 years imprisonment.
  • Retail Fraud Second Degree (value of goods $200.00 up to $1,000.00): Misdemeanor punishable by up to 1 year in jail.
  • Retail Fraud Third Degree (value of goods up to $200.00): Misdemeanor punishable by up to 93 days in jail.

Virtually every major retailer (Kohl’s, Target, Walmart, Meijer, Sam’s Club) utilizes loss prevention employees to deter shoplifting and apprehend shoplifters. Once charged with this crime, an attorney’s services are crucial to find a way to avoid a conviction in the criminal justice system. First offenders almost always qualify for a plea bargain to get the matter deferred and dismissed. The terms of the probation can differ depending the court and whether the judge believes the offender needs to be supervised or non-supervised. Non US Citizens need to hire a lawyer to avoid a “theft” related conviction altogether to avoid deportation.

Avoiding Traffic Misdemeanors

Not all traffic offenses are created equal. Traffic offenses are classified as civil infractions or misdemeanors. Civil infractions, such as speeding, are considered less serious. Misdemeanor traffic offenses often carry greater points (6 in many cases), possible jail and appear on a person’s criminal record.  In Michigan, the following offenses are misdemeanors:

We look for ways to reduce the impact of a traffic misdemeanors by scheduling a pretrial conference with the prosecutor to seek meaningful reductions. This often can result in a misdemeanor being reduced to a civil infraction thereby saving a person from having a criminal record. In addition, getting a traffic misdemeanor reduced to a lower offense can also result in meaningful reduction in points and insurance premium savings. It is a wise investment to fight every traffic ticket!

Operating While Intoxicated 

As we have said, Operating while Intoxicated (OWI) is always one of the most prevalent crimes on every district court lineup. The Michigan Drunk Driving Audit is a website which compiles detailed statistics regarding drunk cases based upon  information obtained from police agencies and courts. In 2019, there were approximately 2,200 individuals tested for drugs or alcohol Macomb County.  The statistics are further broken with based upon blood alcohol content of (BAC). In 2018, approximately 600 individuals in Macomb County tested with an elevated BAC result of .17% or greater, constituting “Super Drunk Driving“.

There are many legal and technical aspects to a drunk driving case. Here are few frequently asked DUI questions:

  • Can the case be dismissed?
  • Can the charge be reduced?
  • Am I going to jail?
  • What will happen to my license?
  • Why did they destroy my license?
  • Was I required to give a blood test or take a breathalyzer test?
  • Can an attorney get the police in-car video and body-cam video? Continue reading ›

 

Warren-Police-cars-full.jpg

What you can expect if you are involved in a criminal, drunk driving or traffic matter in the Cities of Warren & Centerline

Our publications explore criminal and drunk driving issues within the realm of our law firm’s expertise. We have the distinction of practicing criminal law longer than most other Macomb County lawyers. This publication is about the 37th District Court where we regularly provide legal services to our clients charged with criminal matters, (misdemeanors and felonies), drug crimes, drunk driving and traffic tickets.

Locations of the 37th District Court 

The 37th District Court has two locations which are located in the cities of Centerline and Warren. The jurisdictional boundaries of these Courts cover 36 square miles (from 8 Mile Road to 14 Mile Road and from Hayes to Dequindre). The Centerline and Warren Police Departments, as well as the Michigan State Police, patrol the streets and major roads within the boundaries of the 37th District Court; including I-696, Dequinder, Ryan, Van Dyke, Schoenherr, Hayes and 8 Mile).  The City of Warren is also home to many industrial centers, the General Motors Tech Center, automobile dealers,  restaurants, bars and retail establishments.

  • Warren Location: 8300 Common Road, Warren, MI 48093, Phone: 586-574-4910
  • Centerline Location: 7070 E. Ten Mile Road, Centerline, MI 48015, Phone: 586-757-8333

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 impressive detective bureau, helicopter unit, motorcycle and traffic patrol squad. The detective bureau has a drug enforcement team, as well as other units, which engage in various undercover operations.  The drug enforcement unit keeps close tabs on its 8 Mile Border and regularly arrests individuals that are caught returning to Warren after buying drugs (heroin) in the City of Detroit.  The Michigan State Police also have a presence in Warren as the law enforcement entity responsible for patrolling I-696 expressway.

Dismissals of criminal cases in the 37th District Court!

The 37th District Court has 4 elected judges. Each judge rotates once per month to preside over the Centerline caseload. As experienced criminal defense attorneys in Macomb County, I can say that all of the judges are extremely fair. They are judges that will listen to arguments and fairly dispose of criminal, drunk driving, drug and traffic cases. In my opinion, the 37th District Court is a court with a philosophy of rehabilitation, rather than a direct line to incarceration, and eligible offenders are given a second chance.

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 37th District Court. The following is list of some of the most prevalent cases that we regularly see on the 37th District Court dockets in both Centerline and Warren:

Getting out on bond, bond conditions

The 37th District Court is notorious for setting high bonds on individuals charged with a felony.  It is also a court that gets more drug cases than any other district court within Macomb County and the judges do not hesitate to set high bonds for those charged with minor drug crimes!  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at arraignment by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. Most judges will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise cost.  In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail including the following:

  • Drug and alcohol testing
  • GPS monitoring (sex crimes, violent crimes)
  • A ‘no-contact order‘ (assault, domestic violence, retail fraud)

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 37th District Court, as well as other Macomb County District Courts, is dependent upon many circumstances.  The most significant factors that can have an impact on a case are:

  • The prior criminal record of the accused party.
  • Cooperation with the police (no resistance or difficulty at the time of arrest).
  • Whether another party was injured.
  • Whether the accused party can 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 37th District Court. Whenever possible, the judges will accept dispositions to allow an offender the opportunity to get a dismissal under these special provisions of law: HYTA for youthful offenders, MCL 333.7411 for first time drug offenders and MCL 769.a for domestic violence. The court will also utilize a provision of law known as a deferral or delayed sentence which allows an offender leniency or a dismissal after a period of probation. 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 37th District Court: 164 DUI cases in 2019

The highways and roads within the jurisdiction of 37th District Court are well traveled. They are used to cross town from the northern suburbs to the City of Detroit and to travel from the east side to the west side. Within its boundaries, there is an abundance of traffic associated with the I-696 expressway, the automotive industry and retail establishments. Heavy traffic volume is the reason that we see so many drunk driving cases within the 37th District Court. In 2019, Warren and Centerline administered a total of 164 breath and blood tests for individuals charged with drunk driving or drugged driving. Over 59 of the test results registered a blood alcohol content of .17 or greater to support a charge of ‘Super DUI or operating with a high BAC (.17 or greater).

Statistically, more than 90% of drunk driving cases do not go to trial and are resolved negotiating and entering into a plea bargain. Plea bargains can mean getting a better deal without spending thousands of dollars on trial. However, there are many aspects of a drunk driving case that must be done according to administrative rules and going to trial is encouraged if the police screwed up and we have a chance of getting a not guilty verdict before a jury.

First Time Drunk Driving:  For most first time drinking and driving offenders, jail is not likely absent some other aggravating circumstances in the 37thDistrict 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 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.

Drug Crimes in the City of Warren

There are more drug crimes in the City of Warren that wind up in the 37th District Court than in any other court located in Macomb County. In my opinion, many factors contribute to the high number of drug crimes in the City of Warren including an aggressive police department and surveillance of drug activity coming from Detroit.  In fact, there are more crimes consistently reported in the City of Warren for larceny, retail fraud and assaults than in other Macomb County courts. In 2019, there were a total of 8,801 crimes reported in the City of Warren compared to 4,660 reported in the neighboring City of Sterling Heights. Both cities are approximately 36 square miles each.

More than ever, our clients are benefiting from aggressive legal representation to avoid felony convictions for drug crimes. In addition, the courts are more willing to utilize therapeutic rehabilitative measures, rather than punitive measures, as a means to sentence drug users.

37th District Court Probation Department: 8300 Common Road, Warren, Michigan 48093

The 37th District Court  has its own probation department which is located in the Court building at 8300 Common Road, Warren, Michigan. Both Centerline and Warren use the probation department at this address. It is within the judge’s discretion whether or not to place an individual on probation after being convicted of a crime 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.  For obvious reasons, no probation or non-reporting is preferable.  The probation department utilizes on-line reporting. When allowed to report on-line, the probationer is not required to personally appear at the probation department to report unless otherwise instructed to do so. The maximum period of probation that can be imposed in the 37th District Court is 2 years. However, our experience is that probation is rarely imposed for more than 1 year for most misdemeanor offenses.

Traffic Violations in the 37th District Court: Avoid Points & Record of any Conviction!

The Warren Police, Centerline Police and Michigan State Police all have an active presence monitoring the activity of vehicular traffic with the jurisdiction of the 37th District Court.  I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 37th District Court. When resolving a traffic matter in the 37th District Court, we are often able to get a reduction or avoid points. A traffic ticket can be reduced to a Michigan civil infraction known as impeding traffic or double parking which are offenses that will never appear on a person’s driving record and do not carry any points.

Court personnel are forbidden by law to give legal advice. Yet 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.

Continue reading ›

nautical-mile-sign

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!

94-696

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.

Continue reading ›

assault-bottle

Image depicting felony “Assault with a Deadly Weapon”

List of Michigan Assault/Domestic Violence Crimes and Maximum Penalty

According to Michigan Crime Statistics, 117,430 assault crimes were reported in 2016. This includes assaults classified as misdemeanors, felonies and domestic violence cases. The following is a list of both misdemeanor and felony assault crimes as contained in the Michigan Penal Code:

IMAGE Criminal_justice_system1
This blog is long overdue. In this blog I will attempt to explain the reasons that make it so difficult to get a domestic violence dropped or dismissed.

The Prosecutor Represents the People of Michigan or Municipality Where the Offense Occurred

First of all, it is important to understand that once a criminal case is pursued, the prosecutor represents the people or public at large for a specific jurisdiction. County Prosecutors have authority to pursue criminal cases on behalf of the “People of Michigan”. City or township prosecutors have authority to prosecute those that are accused of committing ordinance violations within their jurisdiction. Federal criminal cases are prosecuted by the District Attorney’s Office. For this reason, the court title of any criminal case is:

NOT GUILTY BY REASON OF SELF-DEFENSE!

Oftentimes clients call confused as to why they are being charged with domestic violence or an assault crime (assault and battery, aggravated assault, assault by strangulation, assault with a deadly weapon ) when they believe that they were acting in self-defense. A police response occurs following a report or 911 call. Once at the scene of the alleged crime, the police may take statements from one or more individuals. In most cases, it only takes the statement of a single person and no other witnesses for the police to initiate an arrest of a suspect. The police often do not take the statement of the accused party and do not always conduct a thorough investigation. In addition, the accused may have acted in self-defense which is something that the police may not fully cover in their investigation.

According to Michigan State Police statistics, there were 107,000 incidents of misdemeanor and felony assault crimes reported in 2017!

IMAGE assault-with-a-deadly-weapon
ABC’s of Assault and Domestic Violence Cases

In Michigan, the crimes of “assault and battery” or “domestic violence/assault” are classified as misdemeanor offenses, or minor criminal offenses. The offense of “assault and battery” means that the defendant made intentional (non-accidental) physical contact with another person and without consent to do so. Any touching of the other party, however slight, is sufficient to constitute an assault and battery. Domestic violenc is charged when an assault and battery occurs and a close relationship exists between the parties. Some of the cases that we see involve minimal physical contact or physical contact for a specific purpose or intent other than to cause harm. For example:

-Taking the car keys to prevent other party from driving while intoxicated.

ToddPendulumJPG-1344962010
When a person commits a crime that involves a victim, a number of laws apply that provide the victim with several rights. Some of these rights allow for the victim to collect restitution, be afforded a victim’s rights advocate, confer with the prosecutor regarding plea bargaining and speak at the time of sentencing to request a specific (jail) sentence.


Article 1, Section 24 of Michigan’s Constitution
provides as follows:

Crime victims, as defined by law, shall have the following rights, as provided by law:

Contact Information