Articles Posted in St. Clair County

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

Google Maps Link for Directions to 72nd District Courts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ESTIMATION OF BLOOD ALCOHOL CONTENT (BAC)

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

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

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

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

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

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

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

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PT blog picture.jpgThis year, we have published several blogs dedicated to “frequently asked (criminal law) questions”. Whenever possible, we endeavor to avoid legalese by providing articles in layman’s terms. The focus of this blog is pretrial conferences in Macomb County District Courts.

What is a pretrial conference?

A pretrial conference is a meeting that is attended by the attorneys for the parties in a criminal or civil case. The major purposes of a pretrial conference are to facilitate resolution of a case, management of a case for trial or management of a case regarding pertinent issues (as listed below). A pretrial conference is scheduled after either a criminal or civil case is filed with the court, a case number and a Judge are assigned. In Macomb County, criminal pretrial conferences are held soon after the arraignment. For misdemeanors, which occur in Macomb County, the pretrial conference will always be held at the district court (click here for complete listing of links to Macomb County District Courts). Felony pretrial conferences can occur on the date scheduled for a preliminary examination and again after the case is bound over to the circuit court. A person charged with a crime (the defendant) is required to be present on the date scheduled for pretrial conference. However, he or she is usually not allowed in the conference room with the attorneys. On the other hand, police officers and victim’s rights advocates with court business are allowed in the conference room. Likewise, an alleged victim may be present at the pretrial conference as the prosecutor must obtain the victim’s consent for a plea bargain in most criminal cases.

Every drug crime requires the element of “possession”. In fact, drug crimes rank high on the list of frequently occurring felony cases in Michigan. Drug crimes include: “possession” or “possession with intent to deliver” marijuana, heroin, cocaine, MDMA or analogues.

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Whenever someone is charged with any drug crime, our criminal defense attorneys will question whether the accused legally possessed the alleged drugs.

Michigan Courts Define Possession In Criminal Cases

In Michigan, a person must knowingly and intentionally possess an illegal drug to be charged with possession of a controlled substance under Michigan’s drug possession statute. But what does that mean?

The courts in Michigan consolidate possession into two categories
1. Actual possession: an individual has drugs on their person (pocket or shoe)
2. Constructive possession: individual has the right of control and dominion over the controlled substance

 

 

Actual possession is simple. If the drugs are in a person’s pocket, that person possesses the drugs. But what if the drugs are found in a home where multiple people are present? What about in a car with more than one occupant? What if the person was unaware the drugs were in the car? Determining whether or not the individual had a right of control or dominion over the drugs, or over the premises (car, apartment, house) in which the drugs were found, is critical in these situations. However, an individual’s presence in the same house or automobile as the drugs is insufficient to establish possession; a connection between the drugs and the individual must be found as well. When a person is merely present at a place where drugs are found or is an innocent bystander, our firm will argue that there is insufficient evidence to establish the element of possession.

Michigan Courts broadly interpret possession:

People v Nunez (2000): In this case, police entered a home and discovered, along with several occupants, a large stash of cocaine. Although Mr. Nunez didn’t have the cocaine on his person, he was charged and convicted of possession of cocaine. The police arrived at their conclusion by observing the apartment and its contents. Mr. Nunez had a key for the apartment and stayed at the apartment most of the time. His name was also found on bills within the apartment. The connection between Mr. Nunez and the drugs was straightforward in this case.

People v Meshell (2005): In this case, police observed a man emerging from a garage in which they later discovered methamphetamine. Upon entering the area, police noticed a strong chemical odor coming from the garage. Mr. Meshell was the only person in the area of the garage and when police ran his record, they discovered past issues with methamphetamine. Because Mr. Meshell had past issues with meth, it was obvious that he knew the smell. He was also the only one in the area at the time police observed him exiting the garage.

People v McKinney (2003): In this case, police entered a home and discovered a large amount of cocaine. Police found crack in drawers containing women’s clothing, and linked the drugs to Ms. McKinney because she was frequently staying at the apartment. Drugs were also found within the pockets of women’s clothing in the bedroom she was sharing with the owner. By using the drug’s location as evidence, the police were able to successfully charge and convict Ms. McKinney of possession of cocaine.

As you can see from the cases above, police can use the surrounding circumstances to establish an individual’s possession of a controlled substance:

1. Any past drug-related criminal activity 2. The smell of the drugs, particularly marijuana 3. Whether or not the person was alone 4. Utility bills for the home in which the drugs were found Continue Reading