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District-Courts-Macomb-Map

MACOMB COUNTY DISTRICT COURT MAP 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Drunk Driving Cases in the 42-1 District Court

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

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

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

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

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

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

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

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

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

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

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

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You may be eligible for restoration of your license if it has been revoked for multiple DUI offenses or for a felony involving the use of motor vehicle!

2017 has been a another year of victories for ABDO LAW clients that have had hearings before the the Driver License Appeal Division (DLAD). This year alone we have won 80 – 90% of our cases (we are still waiting on some results) on behalf of clients whose driver’s license was revoked for multiple DUI cases or for conviction of a felony driving offense (DUI causing injury or death). Losing your license can be a very embarrassing and demoralizing process. You either have to inconvenience others for rides, or risk driving with a suspended or revoked license and getting hit with a DWLS. With a DWLS conviction, you face jail and have to wait at least another year until you can get your license back. Oftentimes, people who have had their license revoked find themselves unable to find work or advance in a career. Other times, it is just a stinging reminder of a person’s past they are working hard to forget. We truly understand and identify with these concerns; we discuss them with our license clients every day. Our Firm specializes in and excels at license cases, it is a special area in our law practice where we can actually make our clients’ lives better. There is nothing more rewarding than to bring the process full circle by helping a client restore their full driving privileges.

We will give you advice to improve your license restoration appeal

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The offense of offer to engage the services of another for any act of prostitution, or solicitation of a prostitute, carries a mandatory 45 days in jail pursuant to City of Detroit Ordinances. The act of offer to engage, or OTE as it is commonly known, occurs when there is the offer of money for a sexual act. The ‘offer’ may occur by a direct request of a sexual act for a specified payment, by asking the question ‘how much” for a specified act or by kidding around with the undercover officer impersonating a prostitute.

That’s right, the City of Detroit has an ongoing sting operation whereby undercover female police officers, impersonating prostitutes, are strategically situated in areas of known prostitution. The female police officers, or decoys, are wired for audio which allows out of view law enforcement officers to hear the conversation between the decoy and the unsuspecting party. The unsuspecting party is typically operating a motor vehicle in the area and feels that it is safe to stop and talk to the decoy. Once there is any mention, or even a suggestion, of money for sex, a police vehicle will close in, place the unsuspecting party under arrest for OTE and seize any motor vehicle involved during the commission of the offense (See Vehicle Seizure Unit, Wayne County Prosecutor). The underlying criminal case for OTE will be handled as a separate matter in the 36th District Court.

The Detroit Ordinance: Offer to Engage or Solicit for Any Act of Prostitution

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Reckless Driving is a crime, does not require an accident of any kind and is comparable in many respects to a drunk driving

As a policy, our Firm does not use ‘scare tactics’ to get your attention.  On the contrary, our aim is to inform our website traffic visitors regarding legal topics in our areas of expertise.  In this article, we will provide information regarding the criminal traffic offense of Reckless Driving based upon our experience in the Macomb County District Courts (37th District Court in Warren, 38th District Court in Eastpointe, 39th District Court in Roseville, 40th District Court in St. Clair Shores, 41-A District Court in Sterling Heights and Shelby Township, 41-B District Court in Clinton Township, 42-1 District Court in Romeo, 42-2 District Court in New Baltimore) and explain why it is as serious (see above graph) as a drunk driving – OWI.

Reckless Driving is a six (6) point criminal offense. Six (6) points is the greatest number of points that can be assessed for any traffic or criminal violation within the Michigan Motor Vehicle Code! Other 6 point offenses include Negligent Homicide*, Leaving the Scene of Accident, and Fleeing or Eluding a Police Officer. Reckless Driving carries more points than the offenses of Operating While Visibly Impaired, Drag Racing or the civil infraction of Careless Driving.

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Retail fraud is the formal criminal charge when a person is caught shoplifting in Michigan.  Although the information in this publication is relevant to our retail fraud practice in Macomb County, I would say that the vast majority of the retail fraud cases that we handle in the 42-1 District Court occur at the Meijer store located in Washington Township on the northeast corner of  26 Mile and Van Dyke. Most of those that we see facing retail fraud charges in this jurisdiction are first time offenders or those with a minor prior criminal record which we try to discount in the court system. The age of a person does not have any barriers for those who commit the offense of retail fraud. Our firm has represented individuals that qualify as juveniles (under age 17) as well as senior citizens. Some reasons associated with the conduct of retail fraud are financial distress, psychological issues, substance abuse, recent loss of a loved one, PTSD, adjustment to medications and peer pressure.  However, I would say that isolated impulsive behavior is the number one reason that a person commits an act of retail fraud.  

Retail fraud may be charged as a misdemeanor or felony

Retail fraud can be charged as a misdemeanor or felony depending upon the value of the property involved. Here is how the State of Michigan breaks it down in the Michigan Penal Code:

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Since 2003, the State of Michigan collects Driver Responsibility Fees against driver’s when excessive points are abstracted on a person’s driving record (Category 1 Offenses). Fees are also collected for specific offenses, regardless of points (Category 2 Offenses). Drunk driving is an example of an offense categorized under Category 2.  For example, a person who is convicted for Operating While Intoxicated is required to pay $1,000.00 per year for 2 years for a total of $2,000.00. A conviction for the lower drinking and driving offense of “impaired driving” requires $500.00 per year for 2 years in fees.

These fees have been called a “death penalty for drivers” by State Rep. Joe Haveman (R-Holland). Haveman favors legislation which would phase out all driver responsibility fees and he has called the law a “cash grab” for the state at the expense of motorists, who can lose their license for non-payment.

Traffic tickets are handled in the district Courts. In the district courts where we appear frequently, including : 37th District (Warren/Centerline), 38th District (Eastpointe), 39th District (Roseville/Fraser), 40th District (St. Clair Shores), 41-A District (Sterling Heights, Shelby Township, Macomb Township, Utica), 41-B District (Clinton Township, Harrison Township, Mount Clemens), 42-1 District(Romeo/Washington Township), 42-2 District (New Baltimore/Chesterfield Township), 72nd District (Marine City/Port Huron Divisions), 44th District (Royal Oak), many individuals are driving without a license and without insurance. They just cannot afford all of costs associated with traffic tickets and Driver Responsibility Fees.

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ferndale marijuana legalization.jpgAs of last week, Ferndale voted to join Detroit, Grand Rapids, Flint, Ypsilanti, and Kalamazoo in restructuring their marijuana laws to allow for personal use in the homes of consenting adults. Ferndale, neighbor city of Royal Oak, Detroit, Hazel Park, and Pleasant Ridge, approved an ordinance that will permit personal marijuana use. Similar measures were passed in Lansing and Jackson. The ordinance was passed by nearly 70%. This may indicate possible future widespread acceptance of marijuana by the electorate as a whole. Lansing’s Mayor stated that “the public is far ahead of most politicians on this issue, as evidenced by the overwhelming support for medical marijuana when it was on the statewide ballot several years ago, as well as decriminalization of small quantities of marijuana in cities like Ann Arbor, Detroit, Flint, and Grand Rapids.” This may be a bellwether of things to come as Mayor Bernero went on to say “My personal view is that marijuana prohibition has been a complete failure that has mainly succeeded in filling up our prisons with minor drug offenders at an extremely high cost to the taxpayers of this state. Our police officers and courts have more important things to do than pursue and prosecute these violations.”

So what exactly did Ferndale’s voters approve? The language on the ballot was as follows;

“Amend city code to allow anyone 21 or older to use, possess or transfer less than 1 ounce of marijuana on private property?”

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Under Michigan Law, if you are convicted of 2 or more drinking and driving offenses within 7 years (or 3 within 10) your license is revoked indefinitely. A revocation, unlike a suspension, will not automatically expire or terminate. There is a mandatory one-year waiting period before the suspension can be reviewed. Moreover, if the first appeal is successful there is an additional one-year monitoring period where you must install a “blow ‘n go” device in your automobile. Any serious violations of the device will result in another license revocation. Therefore, when convicted of a second DUI in most circumstances you are looking at a MINIMUM of two years before you have a full license again. A DUI 2nd, for this reason, is a dramatic and life changing event. You’re put in a position where you are slapped with fines, fees, costs and court requirements yet have no way to drive to make a living or attend probation obligations. However, the State of Michigan has recently enacted a sobriety court program that allows individuals who would otherwise lose their license to sidestep the mandatory one-year waiting period. Our office believes this is an outstanding program as it helps to promote lasting sobriety through its license incentive.

What is Sobriety Court?

Sobriety court is a highly structured term of probation, which places its emphasis on encouraging sobriety. Normally this will involve graduated phases and mandatory AA attendance. With the new sobriety court legislation, offenders with a DUI that would normally lose their license are eligible for a restricted license before waiting the mandatory one-year period. However, if participants of sobriety court violate the terms, they are most likely looking at jail time.

How does Sobriety Court Work?

When a candidate is eligible and the sobriety court program has openings they will be screened prior to acceptance. This is normally done after the pretrial/acceptance of plea but prior to sentencing. Candidates must show a willingness to accept the terms of the program and be serious about their sobriety before they’re allowed to enter the sobriety court program. After starting the program, participants have their license revoked for 45 days. After the 45 days you must install a BAIID (also known as an “interlock ignition” or “blow n’ go” as stated above). The breathalyzer device has to remain on your car for a minimum of 320 days after the suspension. During this period driving is restricted for purposes of school, employment and court obligations. When you fulfill the mandatory revocation period by the state (often one-year) AND complete your sobriety court program, you will be eligible to petition the State for a full license. However, failure while attending the sobriety court program will not only result in a revocation of your driver’s license, but may also include time in jail.

Where is Sobriety Court Available?

Our Firm has assisted clients getting admitted to Sobriety Court in the following jurisdictions;
• Warren District Court
• Roseville District Court
• Clinton Twp. District Court
• Royal Oak District

Nonetheless, because this is a new program many districts are just now implementing it. We can advise you if the court for the city/township in which you’ve been charged offers a sobriety court program.

Can Sobriety Court be Transferred if My District Doesn’t Offer It?

YES. We have been able to assist clients with the transfer of their probation, from the original court to one that offers this program.
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In the second part of our “Offenses on Campus” series (see Part 1 about MIPs) we will briefly discuss two prevalent offenses that occur in East Lansing, disorderly conduct and possession of marijuana. With Welcome Week starting the town is seeing a large influx of visitors as families are moving their children in and friends are visiting students. Especially early on in the year there tends to be a spike in parties and with parties students, residents, and visitors often find themselves on the wrong end of the law.

– Disorderly Conduct

A wide array of behavior will fit Michigan’s law for a disorderly person. Most relevantly, disorderly conduct may be charged where;

– a person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance;
– a person who is engaged in indecent or obscene conduct in a public place;
– and/or a person who is found jostling or roughly crowding people unnecessarily in a public place.

This crime is a misdemeanor, punishable by up to 90 days in prison and/or a fine of $500.00. For whatever reason, there is the often the notion that a disorderly conduct is only a civil infraction or is of the same consequence as a parking ticket. THIS IS NOT THE CASE. As discussed in our previous post, having misdemeanors your record can haunt you for years to come. Employers, graduate school admission boards, and professional licensing bureaus are all concerned with applicants’ criminal records.

A disorderly conduct charge is very manageable. Our firm always fights to preserve our client’s record, reduce any terms of probation, and avoid jail time. First time offenders may be eligible for either MCL 771.1 or HYTA– provisions of law which will keep the conviction off their record.

– Possession of Marijuana

Marijuana is a prevalent substance on many college campuses. Widespread social acceptance, however, doesn’t change the fact that in most circumstances possession of marijuana is still a crime. In Michigan, first time offenders can face up to a year in jail for possessing marijuana. Nonetheless, these cases are manageable. For youthful offenders or first time offenders our office can typically secure an arrangement whereby the charges will not show up on the client’s record. The provisions of law this may be achieved by are HYTA and what is commonly referred to as a 7411. Further, there are sometimes medical marijuana defenses available in these cases. As stated above, having a drug crime on your record can be difficult to explain when applying for a job or a seat in graduate school.
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Contact Information
42550 Garfield Rd #104-A
Charter Twp of Clinton, MI 48038
Phone: (586) 412-5555Fax: (586) 412-5888Toll Free: (844) 468-2236

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