Articles Posted in Domestic Violence

 

ABDO-LAW-CY-MATT-JOE-AT-41A

Crime Classifications/Misdemeanor or Felony

In Michigan, crimes are classified as either misdemeanors or felonies. 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. Felony representation link.

There are hundreds of offenses that are classified as misdemeanors in Michigan. In our experience, the following are the most prevalent misdemeanor crimes that you will find on the dockets of Metro Detroit (Wayne, Oakland, Macomb) district courts:

Each of the above offenses constitutes a crime. 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. Retail fraud and larceny crimes are also extremely common criminal offenses. 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:

Macomb 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:

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: Cases accepted pursuant to HYTA status enable youthful offenders (age 17 but under age 24) 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 upon use of MCL 769.4a in appropriate circumstances.
  • Deferral of Case or Delaying Sentence: MCL 771.1 is a special provision of law that can be utilized to get a criminal case under control by deferring the matter (for a later dismissal or reduction in the charge) or delaying the sentence (for leniency).

Although the above provisions are widely used and have enormous benefits, they are not without consequences. Once in the system for a criminal offense, a court file and police record are generated. Even if a case is later dismissed under a special provision of law, there can be a record floating around that should have been suppressed or sealed. In addition, there are always certain government and police agencies, along with other sensitive institutions, that are able to see every entry of a person’s record, even for matters that are dismissed under a special provision of law.  An experienced criminal defense lawyer can look for ways to strategically handle a criminal matter to get the most favorable resolution to avoid a trail of negative entries on a person’s record.

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:

  • Reckless Driving
  • Leaving the Scene of an Accident
  • Driving While License Suspended

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.

Operating While Intoxicated 

As we have said, Operating while Intoxicated (OWI) is always one of the most prevalent crimes on every district court docket. Like most people, you have probably not heard of the Michigan Drunk Driving Audit. 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 2018, there were approximately 2,200 individuals tested for drugs or alcohol and most resulting a criminal charge of operating while intoxicated or under the influence of drugs. The statistics are further broken with details as to the number of individuals with a blood alcohol content of (BAC) of .17% or greater. In 2018, approximately 750 individuals in Macomb County that provided a test result were positive for alcohol at .17% or greater, constituting “Super Drunk Driving“.

There are many legal and technical aspects to a drunk driving case. At the very least, you probably have the following questions if you are facing a drunk driving offense:

  • 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 ›

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:

41-a-district-court

41-A District Courts: 2 Courts Cover 108 Square Miles of Macomb County

Jurisdiction of the 41-A Districts: Sterling Heights, Shelby Township, Macomb Township, Utica

The 41-A District Court corridor encompasses the cities of Sterling Heights, Utica, Shelby Township and Macomb Township. These areas are in a period of strong economic growth and expansion. In these areas you will find industry, major retail shopping centers, Jimmy John’s Field, 7 Class A high schools, numerous bars and restaurants.  In this area you will also find the M-53 Expressway, Hall Road and other major roads which handle a massive amount of local, commuter and connector traffic. These areas have a reputation for being safe places to live and visit. However, the 41-A District Courts cover a huge area, growing population and a high volume of criminal, drunk driving and traffic matters on their dockets as I will discuss in this publication.

District-Courts-Macomb-Map

MACOMB COUNTY DISTRICT COURT MAP

STERLING HEIGHTS DIVISION: 41-A District: 40111 Dodge Park, Sterling Heights, Michigan 48313:  The Sterling Heights Division of the 41-A District Court covers an area of 36 square miles with its borders from 14 Mile Road to Hall Road, and its east to west borders from Hayes to Dequindre Road. According to 2010 census records, the City of Sterling Heights has a population of approximately 130,00. The Sterling Heights court docket is managed by 3 elected judges. The Honorable Michael S. Maceroni, Stephen P. Sierawski and Kimberly A. Wiegand have long held these positions.

SHELBY TOWNSHIP DIVISION: 41-A District Court: 51660 Van Dyke, Shelby Township, Michigan 48316: The Shelby Township Division of the 41-A District Court also covers a 72 square mile area with jurisdiction over criminal, drunk driving and traffic cases that occur within Shelby Township, Macomb Township and the City of Utica.  Shelby Township and Utica have their own police departments. Macomb Township utilizes the Macomb County Sheriff Department to patrol its roads and provide law enforcement services. There is only 1 elected judge appropriated to the Shelby Township Division of the 41-A District which encompasses jurisdiction over a population of approximately 160,000. This is somewhat of an anomaly given the fact that 3 judges are assigned to the Sterling Heights Division which has a significantly lesser population and is half the size geographically. The Honorable Douglas P. Shepherd presides over the Shelby Township Division of the 41-A District Court. A new court building, which is long overdue, has been recently approved for the Shelby Township Division of the 41-A District Court.

Criminal Cases in the 41-A 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 41-A District Courts. The following is list of some of the most prevalent cases that we regularly see on the 41-A District Courts dockets in both Sterling Heights and Shelby Divisions:

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 41- A District Courts, 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 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 take.  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 41-A 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 a case are:

  • The prior criminal history of the accused party.
  • Whether another party was injured or property was damaged.
  • 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 41-A District Courts. Whenever possible, the judges in both divisions will accept dispositions to allow an offender the opportunity to get a dismissal under these special provisions of law: HYTA for youthful offenders (age 17 to 23), 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 41-A District Courts: 215 DUI cases in 2016

Hall Road (M-59), M-53, Van Dyke, Dequindre, Schoenherr and Hayes are just a few of the major roads that are within the 108 square miles of the 41-A District Court’s territory. Statistics for 2016 reveal a high number of drunk driving arrests in this region with approximately 170 arrests in Shelby Township, 60 arrests in Utica and 193 arrests in Sterling Heights. Over 120 of the test results in Shelby Township and Sterling Heights alone registered a blood alcohol content of .17 or greater to support a charge of ‘Super DUI‘ or ‘OWI with a high BAC’.

DUI_Image

APPROXIMATE BLOOD ALCOHOL CONTENT (BAC) CHART

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.

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 41-A District Court Probation Department: 40111 Dodge Park, Sterling Heights, Michigan 48313

The 41-A District Courts share the probation department located at the Sterling Heights Division. I expect the Shelby Township Division to have its own probation department once the new court building is up and running.

It is within the judge’s discretion whether or not 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 41-A District Court: Reduced to Avoid Points and Record of any Conviction!

The Sterling Heights Police, Shelby Township Police, Utica Police, Macomb County Sheriff Department and Michigan State Police all have an active presence monitoring the activity of vehicular traffic within the 108 square miles of the 41-A District Courts.  Similar to other districts, I would say that traffic tickets are on the top of the list of cases that are litigated at the 41-A District Court.


HALL-ROAD-MAP

Shelby Township, Utica, Macomb Township and Sterling Heights share roads with the heavy traffic volume in Macomb County

When resolving a traffic matter in the 41-A 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.

Link to Sterling Heights Points and Fine Schedule

Link to Shelby Township Points and Fine Schedule

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 and Centerline

Our publications explore criminal and drunk driving issues within the realm of our law firm’s expertise. This publication is about the 37th District Court where we regularly provide legal services to our clients charged with criminal matters, (misdemeanors and felonies) drunk driving and traffic tickets.

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.

The locations of the 37th District Court are:

  • 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.

Criminal Cases in the 37th District Court: Provisions of Law to Get Dismissals Available!

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 and traffic cases. In my opinion, the 37th District Court is a court with a philosophy of rehabilitation, rather than 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.  Often, the family of an incarcerated person needs to utilize the services of a bondsman for financial reasons. A bondsman typically will charge a non-refundable 10% fee for the use of his resources and also require a collateral agreement.  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. 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 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 (age 17 to 23), 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: 215 DUI cases in 2016

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 2016, Warren and Centerline administered a total of 215 breath and blood tests for individuals charged with drunk driving or drugged driving. Over 50 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.

1st offense drinking and 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.

The 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: Reduced to Avoid Points and 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

St. Clair Shores is a suburban community bordering along Lake St. Clair from 8 Mile Road to 14 Mile Road. The 40th District Court has jurisdiction over legal matters that arise in the City of St. Clair Shores including:

  • Criminal misdemeanor offenses (domestic violence, retail fraud, possession marijuana, DWLS)
  • Misdemeanor Drunk Driving (OWI, OWI with High BAC .17 or More)
  • Traffic offenses
  • Felony offenses through preliminary examination (after preliminary examination, felony cases are handled in the Macomb County Circuit Court)

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. I can confirm these attributes since St. Clair Shores is my hometown.

Most of the recreational activity in St. Clair Shores arises 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, marinas and boat dealers along a one mile stretch of land along the Lake St. Clair shoreline.

The City of St. Clair Shores has its own police department. The interstate expressways in St. Clair Shores, I-94 and I-696, are watched by the Michigan State Police.

Criminal Cases in the 40th 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 40th  District Court. The following is list of some of the most prevalent cases that we regularly see on the 40th District Court’s docket:

 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 a probable option for those that violate probation in the 40th District Court.

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 40th 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. 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.  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 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

For most first time drinking and driving offenders, jail is not likely in the 40th District Court 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’ in the 40th District. It is both extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. 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. In 2016, there were approximately 100 arrests for operating while intoxicated related offenses in St. Clair Shores and 42 registered a .17 or more.

1st offense drinking and driving:  For most first time drinking and drivingoffenders, jail is not likely absent some other aggravating circumstances in the 40thDistrict Court. 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.

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 ›

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:

fabian dismissal

Above image is an actual court disposition resulting in dismissal of multiple offenses.

This blog is based upon our experience representing clients that are charged with multiple criminal offenses. Multiple criminal offenses may be brought even when there is a single intent involved. When confronted with multiple criminal charges, our objective becomes one of untangling the mess, isolating what really occurred and attempting to get charges reduced or dropped.

In certain situations, a person may obtain multiple criminal charges arising out a single incident, single intent or criminal episode. An evening of alcohol consumption with friends, or the escalation of a domestic altercation, sometimes ends poorly. In other cases, multiple criminal charges may be the result of an over-zealous prosecutor or police agency seeking to hit an offender with every offense in the Michigan Penal Code. In our experience, multiple criminal charges arising out of a single incident is usually “over-kill” on the part of the prosecutor or cops and seldom results in multiple convictions when approached with a sound legal strategy.

Contact Information