Michigan Criminal Lawyer Blog

Everything that you need to know about Michigan’s 2021 HYTA law

September 23, 2022 | Abdo Law Firm

Effective October 1, 2021

HYTA is available for youthful criminal offenders ages 18 – before age 26

This is why HYTA dispositions for criminal offenses are such a big deal:

The court does not enter a judgment of conviction,
The record is sealed,
HYTA may be used for an unlimited number of eligible criminal offenses,
HYTA is NEVER AUTOMATIC and it must be accepted by the Court and approved by the prosecutor under certain circumstances,
The offense(s) taken under HYTA are not required to be disclosed on applications, and
The case is dismissed upon compliance with conditions laid out by the court!

Michigan’s newest version of the Holmes Youthful Trainee Act (HYTA) goes into effect on October 1, 2021. Prior to October 1, 2021, HYTA applied only to individuals under the age of 24. The latest rendition of Michigan’s HYTA statute provides youthful adult offenders, ages 18 but before age 26, with an opportunity to keep a criminal offense, including serious felonies, off of his or her permanent criminal record. Dismissals pursuant to HYTA means that the offender avoids the stigma and public record of a criminal conviction. Subject to some exceptions, HYTA is available for most felonies and misdemeanors. In addition, under most circumstances, a conviction under HYTA status is not required to be disclosed on an application for employment or education.. HYTA status can be taken away if an individual violates the terms and conditions ordered by the court. Getting charged with another crime while on HYTA status is a clear violation that could result in LOSING HYTA status, inthe discretion of the Judge.

HYTA is not available for juveniles (under age 18) or for offenders that are age 26 or older. However, there are other provisions of law that can benefit juveniles and adult offenders over age 25.

How do you get a HYTA disposition? Rule #1: HYTA applies only for those age 18 but before age 26!

Having an experienced criminal defense lawyer can mean the difference between winding up with a conviction or getting a criminal case dismissed. Although HYTA requires a formal “plea of guilty”, the court does not enter a judgment of conviction and Michigan State Police records are sealed as soon as the court assigns an individual to HYTA status.

According to the HYTA law (MCL 762.11), the prosecutor shall consult with the victim regarding the applicability of this section. The consent of the prosecutor may be required depending upon the age of the defendant at the time of the alleged offense:

Prosecutor’s consent is not required for offenses committed on or after the offender’s 18th birthday but before his or her 21st birthday.
Prosecutor’s consent is mandatory for offenses committed on or after the offender’s 21st birthday but before his or her 26th birthday.

HYTA is not guaranteed and may be rejected by the court. Hiring a local Macomb County criminal defense attorney that knows the laws and has excellent skills dealing with local judges, police and prosecutors is vital for those that want the best possible advantage in the legal system.

You can get HYTA more than once and other helpful information

The HYTA law has many special features including the following:

There is no limit on the number of cases which may be placed on HYTA status.
Juvenile offenders (under age 18) are not eligible for HYTA but may be eligible for a disposition in the juvenile system with the same result such as diversion or consent calendar.
HYTA is not guaranteed and may be rejected by the judge even if the prosecutor, police and victim consent.
HYTA may include jail, probation, counseling and restitution to any victims.
The court may require an individual that is given HYTA status to be drug/alcohol tested, maintain employment or attend high school.

The following offenses are not eligible for HYTA

The essence of HYTA is that it allows for eligible criminal offenses committed by youthful offenders to be dismissed and sealed. HYTA is available for most misdemeanors and felonies. However, the HYTA statute lists various offenses which are not eligible for HYTA status as follows:

Traffic crimes (DWLS, Fail to Stop at the Scene of an Accident),
Drunk driving, Super Drunk Driving,
Major controlled substance offenses,
Major criminal sexual conduct offenses,
A felony for which the maximum penalty is imprisonment for life.

Talk to an experienced criminal defense lawyer that knows the local courts and ways to get you out of the system with the best possible outcome.

HELP: Will anything show up on my record if my case is dismissed under HYTA status?

Our attorneys are asked this question every single day. As we have explained, HYTA specifically says that upon the court’s acceptance of HYTA status, there is no adjudication of guilt, the record is sealed and the case is dismissed upon compliance with any conditions spelled out by the court. The benefit of HYTA cannot be overstated. It is an excellent deal which we have used to get thousands of criminal charges DISMISSED. As far as the record of an individual is concerned after getting a case dismissed upon compliance with a HYTA disposition, we can only say that it will be sealed by the court and the Michigan State Police and the public will not be able to view your record. Should anyone contact the court about your record after HYTA has been granted, the court employees are instructed to say: “THERE IS NO PUBLIC RECORD” and “THE EXISTENCE OF HYTA RECORDS CANNOT BE DISCLOSED“.

Unfortunately, HYTA protection is limited and does not mean that your record is destroyed, disintegrates or vanishes. The history of all criminal cases, including those disposed of pursuant to HYTA status, are forever maintained by the court, FBI and Michigan State Police. In addition, Michigan law gives certain entities (courts, law enforcement) access to HYTA records that would otherwise be classified as non-public. In addition to law enforcement agencies, other entities are also given access to HYTA records including: financial institutions, educational institutions, utility companies, and health care companies.

Most prevalent crimes are eligible for HYTA

Most non-traffic misdemeanors and felonies are eligible for HYTA status. HYTA status is available for all of the following common criminal offenses:

HYTA is not available in the federal court system. However, the federal court system does have programs, such as diversion or pardon, that allows for a federal crime to be dismissed.

Traffic Offenses and Drunk Drunk are Not Eligible for HYTA

Although traffic offenses and Drunk Driving offenses are not eligible for HYTA, we are often able to get them amended to avoid any traffic points and also avoid a criminal conviction.

Can you lose HYTA status once it is granted by the court

A person that is given HYTA status remains on HYTA status until the end of a period of probation. There are always some rules and conditions that the court will impose for individuals that are given HYTA status. Violation of any rule or condition imposed by the court can result in losing HYTA status, abstracting the criminal conviction and imposition of further sentencing which could include jail. Getting charged with another crime while on HYTA status will always constitute a violation. When a person is violated, the court will conduct a hearing to determine if a person will retain or lose his or her HYTA status. In my opinion, most judges do not like to take away a person’s HYTA status and I would say that a judge will usually bend over backwards to allow a person to stay on HYTA. A HYTA violation is a serious matter that requires a solid plan ahead of time that can make a difference in keeping or losing HYTA status. However, keeping HYTA status may have consequences such as serving some time in jail. Do not hesitate to consult with an attorney if you find yourself in this position.

Other Michigan provisions which are similar to HYTA

There are other laws which can be used in Michigan to get a criminal case dismisssed or under control which include: which can be resolved by laws which are similar to HYTA. They are as follows:

MCL 769.4a is used to get domestic violence offenses dismissed.

MCL 333.7411 is used to get drug crimes dismissed.

MCL 780.621 is Michigan’s “Clean Slate” or expungement law.

Defending Domestic Violence, Assault with a Dangerous Weapon, Assault by Strangulation in Macomb County

February 20, 2022 | Abdo Law Firm

“Assault with a Dangerous Weapon” – Up to 4 Years in prison

Defending Domestic Violence, Assault with a Dangerous Weapon, Assault by Strangulation in Macomb County

As you read through this, it is important for you to know that ALL criminal charges are pursued by “THE GOVERNMENT”. It is the ALWAYS “the state” that prosecutes individuals for violating laws within the state’s jurisdiction. The state does so by utilizing state prosecutors (attorney general), county prosecutors and municipal prosecutors to enforce the laws which are in place to protect property and people in our state under the theory that individuals do not have the resources to go after those that commit crimes to the extent that the government does. The state uses it law enforcement agencies to investigate crimes and manage the movement of prisoners to courts. The court has vast powers to set bond, impose no-contact orders and order witnesses to appear in court through its subpoena powers. For this reason and other public policy reasons, it is difficult for a victim to get a case dismissed that is “in the system”. Getting a sharp local criminal defense lawyer is your best course of action to get a case under control when a victim does not want to cooperate.

List of Michigan Assault/Domestic Violence Crimes and Maximum Penalty

According to Michigan Crime Statistics, over 100,000 assault crimes occur each year in the State of Michigan. The MICR breaks down the types of assaults with over 30,000 assaults involving a deadly weapon and over 60,000 as domestic violence. Crimes are classified in Michigan as felonies or misdemeanors. A felony is considered a more serious offense and is defined as a crime that can carry more than one (1) year in jail – up to life in prison. A misdemeanor is a less serious crime that is defined as a crime that can carry a maximum of one (1) year in jail. Assault with a deadly weapon is a felony.

The following is a partial list of misdemeanor and felony assault crimes as contained in the Michigan Penal Code:

Misdemeanor Assault Crimes Maximum Punishment

Assault & Battery: 93 days jail
Domestic Violence: 93 days jail
Aggravated Assault: 1 year jail
Aggravated Domestic Violence: 1 year jail

Felony Assault Crimes Maximum Punishment

Assault with a Dangerous Weapon (ADW): 4 years prison
Felony Domestic Violence (3^rd Offense): 5 years prison
Assault with Intent to do Great Bodily Harm: 10 years prison
Assault by Strangulation: 10 years prison
Assault with Intent to Murder: Up to life in prison

Once an assault crime is on your record, it can lead to devastating consequences that will last a lifetime. In this publication, we will discuss ways that to successfully defend assault crimes against all odds and how to dodge felony convictions. We will also discuss situations whereby an alleged victim or injured party wants the case dismissed or fails to appear for a trial.

Assault with a Dangerous Weapon: A pool stick, car, or dangerous object can be considered a deadly weapon!

Threatening another person with an object during an altercation (assault with a deadly weapon) can result in serious felony charges. Assault with a dangerous weapon (ADW), aka felonious assault, involves the threat or use of force, with a conventional weapon (knife, gun, ), or with an object that is capable of being used as a deadly weapon (golf club, bat, pool stick, car), putting another person in fear of an assault with or without making actual physical contact with the other person. Assault with a deadly weapon is consistently one of the most prevalent felony crimes in Macomb County Courts. Assault with a dangerous weapon is a serious felony which is punishable by up to 4 years in prison. Actual physical contact or an injury is not required.

Assault by Strangulation or Suffocation: Punishable by up to 10 years in prison!

This charge is more common than you would think. The statute defines assault by strangulation or suffocation as an assault that impedes normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Assault by strangulation or suffocation (MCL 750.84) is a felony which carries up to 10 years in prison. This offense arises most often in domestic altercations. Placing someone in a choke-hold or grabbing someone by the throat can constitute an assault by strangulation. There is very little proof required to pursue this charge. There is no requirement of medical attention or an actual injury to pursue a charge of assault by strangulation. All that is required is a statement by the victim that he or she was choked and unable to breath momentary. The statement may be one that is made during the 911 call and is recorded or a statement that is made during the police investigation. The alleged victim may have exaggerated the episode and an innocent party winds up being charged with a serious felony. The assault crime defense lawyer can usually find a way to avoid a felony conviction and jail time. Getting the victim on board to drop the charges is the best way to get the case under control. It can be very delicate, but there is usually a way to reach the alleged victim even if a “no-contact order” is in place. If the victim does not want to testify, the defense attorney will encourage the victim to contact the prosecutor. Don’t just take a plea deal when your life is on the line. Getting a local experienced Macomb County criminal defense attorney is your best course of action if you are charged with a misdemeanor assault, felony assault or domestic violence.

The initial arrest, bond conditions and the next step in a domestic violence case

If you are arrested for an assault or domestic violence crime, do not resist or say anything to the police except: “I’m exercising my right constitutional right to remain silent.” Asking the police officer if you can contact a lawyer (from your home or cell phone) is not an unreasonable request. The arresting officer may or may not allow for you to make a phone call. At your earliest opportunity, you or a family member should contact a lawyer for guidance. Being detained will seem like a lifetime but be assured that at some point a bond will be set and bond conditions imposed. The bond will usually require that money be posted with the court or with a bondsman. Typical bond conditions include:

No contact, direct or indirect, with the alleged victim.
Random testing for drugs and/or alcohol.
No travel outside of Michigan without court approval.

MOTION TO REDUCE BOND: You have a better chance to get a low cash bond or a personal bond with an attorney present at your arraignment/bond hearing. However, it is not always possible to get a lawyer on such short notice. Should the court set an unreasonably high bond, a motion for bond modification can be filed to reduce bond and/or request modifications of any bond conditions. .

NO-CONTACT: You may not be able to return to your own house! If you have been living with the alleged victim and the alleged victim remains in the home, you may not be allowed to return to the home if a no-contact order is in place. Of course, this scenario has ridiculous implications for someone that has nowhere else to live, does not have access to clothes or other necessities. A police escort may be requested to gain access to the home for personal belongings. If the other person is not on the title and refuses to vacate the home, an eviction may need to be filed to regain possession. The eviction process can take several days or months, depending upon the circumstances.

TESTING FOR DRUGS AND ALCOHOL: Alcohol, drugs or mental health are often a factor in domestic violence cases. For this reason, drug and alcohol testing is often ordered as a condition of bond and release from jail. There are various forms of testing which include: random testing for drugs and alcohol, wearing an ankle alcohol monitor (SCRAM), carrying a device that requires alcohol testing at various intervals (SoberLink).

Parenting time with minors: Parenting time will be difficult and sometimes impossible while a no-contact order is place. If the domestic violence case is viewed as extreme in the eyes of the court, parenting time may be halted until the accused party is cleared for visitation by professionals and the court. The court handling the domestic violence case may allow limited contact with the alleged victim for purpose of transacting parenting time. Many times, parenting time must be re-visited at the court with underlying jurisdiction over child custody.

Getting a lawyer: Hiring a lawyer is a daunting experience but can be made less painful by getting a local criminal defense lawyer that can clearly explain your options and give you straight forward information about legal fees.

What if the alleged victim does not want to testify and wants the case dismissed?

In more than fifty (50%) percent of the domestic violence cases that our criminal defense law firm handles, the alleged victim does not want to pursue the charges and wants the case dismissed. The problem is that the victim does not know how to go about contacting the prosecutor and the prosecutor may not be receptive to dismissing the case. In addition, there are policy reasons that make it difficult to get a domestic violence case dropped as we explain in another publication. The criminal defense may be unable to speak to the alleged victim because of a “no-contact order” and doesn’t want to accused of witness tampering pursuant to MCL 750.122. An alleged victim that wants to change a police report may face charges for filing a false police report if the second report is different than the first report. The alleged victim may also be threatened to be held in contempt of court for failure to comply with a subpoena (order to appear for a hearing to testify).

Under certain circumstances, the prosecutor may attempt to proceed without the alleged victim by introducing the statements of the alleged victim which were made during the criminal investigation. The prosecutor should expect strong objections from defense counsel in this scenario based upon the hearsay evidence rules and the Confrontation Clause of the Constitution.

There are serious legal complexities involved in cases where the alleged victim wants to dismiss an assault charge or does not want to testify at trial. The alleged victim may consider hiring independent counsel for representation to avoid any communications with the prosecution and determine if taking the Fifth Amendment (right to remain silent) is a viable way to proceed and for answers to these questions:

Will the alleged victim be held in contempt of court and face jail upon failure to appear at trial or a hearing to testify?
Can the alleged victim be charged with a crime for changing the story about what happened?
Can charges be filed against a person that tells the alleged victim not to appear at court (witness tampering or intimidation)?

It takes the skills of an experienced criminal defense lawyer to navigate all of the legal issues that can arise in situations such as this. After the arraignment, a pretrial conference will be held for a misdemeanor or a probable cause conference will be held for a felony. It is at these proceedings where most domestic violence cases are resolved, the charges are lowered or dismissed, and we can get our clients out of the broken court system.

Assault and Domestic Violence Strategies: Avoiding Conviction, Jail, Record

A person charged with an domestic violence or any assault related crime has many concerns including:

Can a conviction be avoided?
Can jail be avoided?
Can a felony conviction be avoided?
Can a no-contact order be lifted?
Can probation be modified, terminated, reduced?
Can alcohol or drug testing be avoided?

There are several factors that can influence the outcome of an assault charge, including:

Prior criminal record of the accused.
Any injuries to the alleged victim.
Prior assaultive history of the alleged victim.
Whether the accused acted in self-defense.
Whether any drugs or alcohol are involved.
Whether the alleged victim will agree to a plea bargain.
Whether the alleged victim will testify at the preliminary examination or trial.
Whether the alleged victim claims any losses (restitution).
Whether the prosecutor has a ‘no plea bargain’ policy.

Getting a Domestic Violence Under Control, Dismissed, Avoiding a Felony Conviction

Getting charged with domestic violence doesn’t mean that you will be convicted of domestic violence. There are a number of options to get a domestic violence under control. In defending clients charged with an assault crime, there are various outcomes that we have obtained to avert a conviction or felony record which include the following:

Youthful Offenders – HYTA: Getting the case dismissed for offenders age 18 to 25 pursuant to HYTA.

MCL 769.4a – Deferral: Getting a domestic violence case deferred (period of probation) and dismssed at the end of the deferral period.

Self- Defense: Arguing self defense during negotiations or at trial to fight for a dismissal or lesser charges.

Victim Will Not Testify: When the victim will not testify, the defense attorney will ask the judge to dismiss the case on various grounds.

Getting a felony reduced to a misdemeanor: When the prosecutor has a strong case and the victim is not willing to dismiss the charges, avoiding a felony conviction can be the best course of action.

Please browse our webpages and blogs that are dedicated to the topics of assault crimes:

Public Policy Reasons Make it Difficult to Get Domestic Violence Cases Dismissed

How Am I Being Charged With Domestic Violence / Assault When I Acted In Self-Defense?

Can I be charged with a crime if only one person says I did it and there are no other witnesses or evidence (commonly called “he said/she said” cases)?

Imposition of No Contact Orders for Persons Charged with Michigan Criminal Offenses; Assault, Stalking, Domestic Violence

When a Misdemeanor Assault or Domestic Violence Case Escalates to a Felony

Part 1: Domestic Violence Cases in Macomb and Oakland County, Michigan, Investigation, Arrest and Statements by the Accused

Part 2: Domestic Violence Cases in Macomb and Oakland County, No-Contact Orders, Dismissals for First Offenders

Part 3: Domestic Violence Cases in Macomb and Oakland County; Court Process, Victim Failing to Appear in Court, Victim Providing a Contrary Statement

42nd District Courts located in Romeo & New Baltimore: Drunk Driving, Retail Fraud and Domestic Violence

December 28, 2021 | Abdo Law Firm

Romeo: 42nd District Court Division 1

Above, is a map of Macomb County with a geographical breakdown of the 9 district court borders. The 42^nd 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.

Address: 14713 33 Mile Road, Romeo, MI 48065
Phone: 586-307-3681
Judge: Honorable Jennifer Andary
Link to paying fines/tickets on-line

New Baltimore: 42nd District Court Division 2

The 42^ndDistrict 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.

Address: 35071 23 Mile Road, New Baltimore, MI 48047
Phone: 586-725-9500
Judge: Honorable William Hackel
Link to paying fines/tickets on-line

Traffic and Criminal Caseload of the 42^nd 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 42^nd 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

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!
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.
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:

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

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

Everything You Want to Know About Pretrial Conferences & Probable Cause Conferences in Macomb County

December 25, 2021 | Abdo Law Firm

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.

In criminal matters, a pretrial conference is scheduled for every misdemeanor and a probable cause conference is scheduled or all felony cases soon after a case is filed with the court and a case number is assigned. In Macomb County, criminal pretrial conferences and probable cause conferences are held soon after the arraignment. Depending on the policy of each court, the pretrial conference will either be held remotely (ZOOM) or LIVE at the district court location (links to Macomb County District Courts). Conferences for felony matters may occur on the date scheduled for the probable cause conference and the preliminary examination,

The direction of a criminal case is often determined after a pretrial conference. Pretrial conferences are a vital tool, which a skilled criminal defense lawyer will utilize for several reasons:

Promote dismissal of the charge(s) under certain circumstances
Negotiate a favorable plea bargain
Use a probable cause conference to negotiate reduction of a felony to a misdemeanor
Address bond, bond conditions and/or release from jail
Adjourn the pretrial conference to seek a deviation when strict policy obstructs a plea bargain
Request modification of no-contact order (domestic violence cases)
Negotiate restitution when financial losses are claimed
Obtain the input of the presiding judge regarding a technical matter or a special request such as a specific sentence.
Size up the prosecution’s case, witnesses and evidence
Request copies of discovery (police reports, videos, chemical test results)
Schedule one or more motion dates to attack the evidence, or to weaken the case
Set future pretrial conference date to promote resolution of a case
Schedule the case for a bench or jury trial

Factoid: A person who is accused of a crime is not considered a “defendant” until that person is formally charged with a crime. Our criminal defense lawyers never refer to our clients as “defendants” when speaking to the court or prosecutor because of negative connotations. We prefer to refer to our clients by their given name or “the accused”.

What is the attorney’s role at a pretrial conference?

The best way for me to summarize an attorney’s role at a pretrial conference is by mentioning a few passages from the Michigan Rules of Professional Conduct. A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system.
As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others.

What is the defendant’s role at the pretrial conference?

Unless otherwise excused, attending the pretrial conference is mandatory at all courts located in the counties of Macomb, Oakland, Wayne and St.Clair. Prior to the pretrial conference, the criminal defense attorney works together with the defendant to set goals and/or lay out solid strategies which will lead to productive negotiations. At the conclusion of a pretrial conference, the defendant will be advised of the results which may lead to final resolution of the case. The consent of the victim may also be required before the prosecuting attorney can offer a plea bargain. If the client accepts the negotiated result and the victim does not object, the defense attorney and the defendant will appear before the judge to spell out the terms of the plea bargain on the court’s record. If necessary, the pretrial conference may be adjourned to further work up a case or to explain the outcome of a pretrial conference in greater detail to the defendant outside of formal court proceedings. Most courts are willing to grant additional pretrial conference dates at the request of either the defendant’s attorney or the prosecuting attorney.

Pretrial Conference: Now Scheduled Live or Remote

Prior to the pandemic of 2020, all pretrial conferences were scheduled at the court building where the case was filed. However, during the pandemic, the courts evolved to allow pretrial conferences to be held remotely via on-line computer platforms such as ZOOM. (click here for ZOOM SUPPORT) Each court has its own policy as to whether a hearing will be scheduled “in person” or “remotely”.

After the pretrial conference, the defendant and his or her attorney will appear in open court and inform the Judge of the results. The Judge has the final say regarding the outcome of a pretrial conference. For example, certain plea bargains may be against the Judge’s own policy and may require some persuasion and legal authority. In addition, the Judge may show frustration when the parties are attempting to adjourn (delay) cases. Since adjournments tend to clog court dockets, the Judge will require that “good cause” be shown.

Our experience is that a pretrial conference is an invaluable opportunity to advocate on behalf of our clients. Advocacy includes elements of assertiveness and diplomacy. We often can achieve a disposition after the pretrial conference. This may result in a plea bargain, which may have the effect of dismissing the criminal charges in exchange for completion of probation. It is our job to protect our client’s rights and seek the best possible outcome, which may mean saving a client from being exposed to egregious facts and the expenses of an unnecessary trial. The defendant remains the ultimate decision-maker when presented with options after the conclusion of a pretrial conference.

How are drunk driving, retail fraud and other prevalent cases resolved at the pretrial conference?

We know that being charged with a crime can be a life changing event. Based upon our experience, we look for ways to get your life back on track and get you out of the criminal justice system with the best result. In Macomb County, the majority of misdemeanor cases on the docket consist of drunk driving, retail fraud, domestic violence, driving while license suspended, leaving the scene of an accident, and disorderly conduct. Some of the more prevalent felony cases are assault with a dangerous weapon, uttering & publishing, embezzlement, possession of analogues, and carrying a concealed weapon. The following are possible scenarios for these prevalent criminal cases and how they can be favorably resolved during the pretrial conference or probable cause conference stage of a criminal case:

Drunk Driving: Seeking a reduction to impaired driving or a non-criminal offense under exceptional circumstances.
Super Drunk Driving/.17 or more: Seeking a reduction to impaired driving when a client can demonstrate low likelihood to be a repeat offender.
Retail Fraud: A first time offender can expect to get the charge deferred and dismissed after a short period of probation.
Domestic Violence: First we try to find out if the victim wants it dismissed and then look for ways to get the case dropped.
Driving while License Suspended: Seek reduction of the charge to a lower offense to avoid points and avoid additional license suspension.
Leaving the Scene of an Accident: Avoid 6 points associated with this offense, avoid jail, and get the charge reduced.
Disorderly Conduct: Obtain a deferral and dismissal after a short period of probation.
Felony/Assault with a Dangerous Weapon: Reduce to a misdemeanor unless the victim insists upon dismissal and is not likely to cooperate with the prosecutor.
Felony/Uttering & Publishing: U & P is a felony that can carry up to 14 years in prison. Avoiding a felony record and avoiding jail is entirely possible when we can offer payment of full restitution.
Felony/Embezzlement: Embezzlement over $1,000.00 is a felony that can carry up to 5 years in prison. Getting a felony record is unacceptable. Payment of full restitution and negotiating reduction to a misdemeanor is a realistic goal.
Possession of Analogues: Possession of analogues is a felony. Pursuant to MCL 333.7411, all drug possession crimes can be dismissed and the record sealed when resolved pursuant to MCL 333.7411.
Felony/Carrying a Concealed Weapon: CCW can carry up to 5 years in prison. A realistic goal in handling CCW cases is to get the felony reduced to a misdemeanor such as improper transport of a firearm.

Some other important things to know about pretrial conferences

Denial of a pretrial conference may constitute a denial of “due process” rights. US vs. Ataya, 864 F2d 1324 (1988).
No admissions made by the defendant’s lawyer in the setting of a pretrial conference are admissible against the defendant during trial.
Pretrial Conferences for federal criminal cases are governed by Federal Rule of Criminal Procedure 17.1.

Macomb County Court Links:

37th District Court: Warren & Centerline

38th District Court: Eastpointe

39th District Court: Roseville & Fraser

40th District Court: St. Clair Shores

41A District Court Sterling Heights Division

41A District Court: Shelby-Utica-Macomb Township

41B District Court: Clinton Township-Harrison Township-Mt. Clemens

42-1 District Court: Romeo-Washington Township-Armada-Bruce Township-Ray Township-Richmond-Memphis

42-2 District Court: New Baltimore-Chesterfield Township-Lenox Township-New Haven

Death by drug overdose on the rise in the United States

December 1, 2021 | Abdo Law Firm

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Drug overdose deaths on the rise!

Drug overdose deaths exceed 100,000 per year in the United States

Recently compiled information derived from CDC’s National Center for Health Statistics indicates that there were an estimated 100,306 drug overdose deaths in the United States during 12-month period ending in April 2021. This represents an increase in drug deaths of 28.5% from the 78,000 deaths during the same period in the prior year. A breakdown of the statistics for this period shows an increase in deaths due to cocaine, fentanyl, heroin and methamphetamine. In addition, overdose deaths from opioids were 75,674 nationally compared to 56,064 in the prior year. There have been approximately 1,000,000 drug overdose deaths since 1999.

Prescription drugs are gateway to heroin addiction

The medical profession, substance abuse counselors and those within the legal system confirm the finding that certain prescription medications are fueling the heroin industry. Heroin, along with fentanyl, have become the drug of choice when a user can no longer supply his or her drug habit with analogue drugs such as Vicodin and OxyContin. Statistics supplied by the National Center for Drug Abuse Statistics indicate that opioids are a factor in 7 out of 10 drug overdose cases and that 80% of heroin uses have used opioids!

The prescription drug OxyContin is one that comes to mind when we think about prescription medications that have gone wrong. In an article, The Promotion and Marketing of OxyContin: Commercial Triumph, Public Health Tragedy, OxyContin’s manufacturer, Purdue Pharma, is exposed for its aggressive tactics to market OxyContin:

From 1996 to 2001, Purdue conducted more than 40 national pain-management and speaker-training conferences at resorts in Florida, Arizona, and California. More than 5000 physicians, pharmacists, and nurses attended these all-expenses-paid symposia, where they were recruited and trained for Purdue’s national speaker bureau. It is well documented that this type of pharmaceutical company symposium influences physicians’ prescribing, even though the physicians who attend such symposia believe that such enticements do not alter their prescribing patterns.

A lucrative bonus system encouraged sales representatives to increase sales of OxyContin in their territories, resulting in a large number of visits to physicians with high rates of opioid prescriptions, as well as a multifaceted information campaign aimed at them. In 2001, Purdue paid $40 million in sales incentive bonuses to its sales representatives that year.

From 1996 to 2000, Purdue increased its internal sales force from 318 sales representatives to 671, and its total physician call list from approximately 33,400 to 44,500 to approximately 70,500 to 94,000 physicians. Through the sales representatives, Purdue used a patient starter coupon program for OxyContin that provided patients with a free limited-time prescription for a 7 to 30 day supply. By 2001, when the program was ended, approximately 34 000 coupons (for free OxyContin) had been redeemed nationally.

The distribution to health care professionals of branded promotional items such as OxyContin fishing hats, stuffed plush toys, and music compact discs (“Get in the Swing With OxyContin”) was unprecedented for a schedule II opioid, according to the Drug Enforcement Administration.

Purdue promoted among primary care physicians a more liberal use of opioids, particularly sustained-release opioids. Primary care physicians began to use more of the increasingly popular OxyContin; by 2003, nearly half of all physicians prescribing OxyContin were primary care physicians. Some experts were concerned that primary care physicians were not sufficiently trained in pain management or addiction issues. Primary care physicians, particularly in a managed care environment of time constraints, also had the least amount of time for evaluation and follow-up of patients with complicated chronic pain.

The heroin-opioid connection: The pharmaceutical drug OxyContin turned out to be a national disaster which ended up ruining families and was instrumental in numerous deaths due to drug overdose or related causes. The FDA and the medical system sold out the American public in the face of wide spread drug addiction and death and watched in silence and did nothing to stop it. The story about Purdue Pharma and OxyContin is told in a book, DOPESICK, which has been made into a mini series (Dopesick trailer) with the same name. Heroin, which has essentially the same chemical make up as OxyContin, is often the drug of choice for many when getting a prescription for an opioid such as OxyContin is not possible. When rehabilitation or quitting heroin or opioids is not sustainable, the drug user may benefit from a Suboxone treatment program.

There is no guarantee that a person can ever stop using opioids. The same is true for Suboxone which is a substitute for opioids and not a cure.

What is Suboxone? Suboxone, is a medication used to treat opioid addiction. Suboxone works by binding to brain receptors to prevents cravings, and allow people to reform from a life of addiction to one of normalcy.

There are other perspectives on the drug epidemic in America beyond placing all of the blame on Big Pharma. In an article that appears in Medpage Today, Is ‘Big Pharma” to Blame for the Opioid Crisis?, we are asked to take a look at other contributing causes that are fueling the drug crisis:

There are numerous factors that can place individuals at higher risk of developing an opioid or other substance use disorder. Untreated pain, both physical and emotional, is often the reason why many individuals use prescribed and non-prescribed substances. Around 20% of adults in the U.S. have chronic pain, and physical pain is one of the most common reasons that people in the U.S. present for healthcare. Even more staggering is the burden of emotional and psychological pain: one in four adults in the U.S. struggles with depression, anxiety, or another mental health issue. Although the COVID-19 pandemic certainly exacerbated the situation, Murthy was clear in stating that it existed long before the pandemic. Three in five U.S. adults report at least one adverse childhood experience (ACE), like neglect, abuse, divorce, or parental incarceration, and these types of childhood traumas are associated with substance use in adulthood.

This isn’t the first time corporate America used science to endorse a deadly product

Michigan Automated Prescription System: MAPS used to track prescribed medications

Michigan has a system known as the Michigan Automated Prescription System (MAPS). MAPS is a prescription monitoring program used to track controlled substances, schedules 2-5 drugs. It is a tool used by prescribers and dispensers to assess patient risk and is also used to prevent drug abuse. The MAPS system is also widely used by law enforcement agencies.

Marijuana legalized in Michigan for adult recreational use

Marijuana is a legal drug in Michigan for adults age 21 and over. Marijuana is legal for recreational purposes in the same way as alcoholic beverages and it is no longer a crime for an adult to possess or use marijuana. Like alcohol, a person can be charged with driving under the influence of marijuana. Marijuana possession by a person under age 21 is a non-criminal civil infraction. Prior to the passage of the recreational marijuana law, possession of marijuana was a criminal offense.

Taking a closer look at a drug problem when it causes personal or legal problems

Drug abuse and addiction eventually leads to personal problems that can have a negative impact on family life, employment, financial well being and health. Those that are addicted or abuse drugs long enough may also wind up facing criminal charges for conduct arising out of drug use or possession.

Drug crimes are consistently high on the list of prevalent misdemeanor and felony cases in the Macomb County Courts. Drugs are classified from Schedule 1 to Schedule 5 within the Controlled Substance Act by the DEA. Schedule 1 drugs are considered the most dangerous and are illegal. Some examples of Schedule 1 drugs are: heroin, lysergic acid diethylamide (LSD), methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. Schedule 1 drugs cannot be obtained with a prescription and it is a felony to possess a Schedule 1 narcotic. Possession of all Schedule 1 drugs is a felony. Also, possession of many pharmaceutical drugs (Xanax, Adderall, Norco) without a valid prescription is also a felony.

For many, getting charged with a drug crime may be the first time that a personal drug problem is recognized and given attention. Once in the court system, the court will require the drug offender to be tested for drugs periodically to monitor abstinence. Many drug cases are resolved favorably with a dismissal or leniency if a person can maintain abstinence and complete any court ordered programs. An experienced criminal defense lawyer can get a first time drug offense (misdemeanor or felony) dropped in every Michigan court pursuant to MCL 333.7411. It is most gratifying when a client chooses to tackle a drug problem and also winds up getting a serious drug crime erased from his or her record in the process!

Relapse Prevention

The road to recovery from drug abuse or addiction may entail relapse even for those that are involved in a meaningful rehabilitation program. A relapse is often discovered when someone who is already in the court system fails a drug test or obtains another drug related criminal charge. This only compounds the existing legal problems and may mean incarceration or other penalties. On a positive note, the courts in Macomb County are utilizing therapeutic measures and not punitive measures for litigants charged with drug crimes. Even when there is a relapse, the court system will rarely put someone in jail when there is a solid non-punitive option that can help the offender stay off of drugs.

Since the courts know that a relapse is often inevitable aspect of recovery, we can often avoid the harsh criminal sanctions for a client that experiences a relapse while in the court system for a drug crime.

Dismissal of Criminal Charges Upon Compliance & Abstinence

Our vast experience handling drug crimes and proactive stance can lead to an viable recovery plan and compassionate outcome in the court system. We utilize MCL 333.7411 to obtain a dismissal of drug charges which involve “use” or “possession”. However, 7411 may not be used to obtain dismissals of drug convictions for “delivery” or “manufacturing:. Earning a dismissal pursuant to MCL 333.7411 means staying drug free and staying out of trouble. Once a drug crime id dismissed pursuant to MCL 333.7411, it is forever sealed and no adjudication of guilt is entered with the court. A non-public record is maintained for those that use 7411 because it may only be once in a person’s lifetime. Continue reading ›

Everything that you need to know about the 41B District Court in Clinton Township

October 21, 2021 | Abdo Law Firm

According to 2019 Michigan State Police records – 4,933 crimes were reported to the Clinton Township Police. The majority of crimes reported were for larceny, retail fraud (shoplifting), operating while intoxicated (OWI), OWI with a high BAC (.17 or more), domestic violence and assault crimes. The jurisdictional geographical boundaries of the 41B District Court include Clinton Township, Mt. Clemens & Harrison Township.

41B District Court Information, Location, Zoom Identification

The 41B District Court has jurisdiction to handle civil, traffic and criminal cases arising in Clinton Township, Harrison Township and Mount Clemens.

41B District Court Address: 22380 Starks Drive, Clinton Township, Michigan 48038
Map: Link to map
Phone: 586-469-9300
Zoom Administrator ID: 218-957-8812
Magistrate Zoom ID: 843-970-5882

Clinton Township has its own police department while Harrison Township and Mount Clemens employ the Macomb County Sheriff’s Department for police services. The 41B District Court is served by 3 judges: Judge Sebastian Lucido, Judge Jacob Femminineo and Judge Carrie Lynn Fuca. In 2020, Judge Femminineo replaced long standing Judge Linda Davis. Judge Linda Davis is now active in the organization that she spearheaded, Families Against Narcotics (FAN).

41B District Court has an expansive jurisdiction with east to west borders from Lake St. Clair in Harrison Township to Hayes Road, and north and south borders from 14 Mile Road to Hall Road. The area has a diverse mixture of established and newer real estate, shopping centers, major retailers (Target, Walmart, etc.) Macomb County Community College, and the Partridge Creek Mall. The Macomb County Sheriff’s Department and the Clinton Township Police are the predominant law enforcement agencies in the area.

More than 10% of the total number of crimes in Macomb County are reported in 41B District Court boundaries. In 2019, there were 41,683 crimes reported in Macomb County with 4,933 being reported through the Clinton Township Police Department and several more reported to the Macomb County Sheriff Department.

We are frequent practitioners in the 41B District Court with more experience in that jurisdiction than any other attorneys in Macomb County. In our opinion, the 41B District Court will give a person a second chance and has a philosophy to encourage rehabilitation and therapeutic justice rather than jail and punitive measures.

Hire a lawyer now! Court personnel cannot give legal advice and the prosecutor does not represent you!

The court staff, the prosecutor and judicial officers are forbidden by law to provide you with legal advice. If you are facing a criminal or drunk driving matter in the 41B District Court, you need a skilled Clinton Township criminal defense lawyer to fight for your rights and get your life back on track. The 41B District handles a wide range of the criminal cases that occur in Clinton Township, Harrison Township and Mount Clemens. The following is list of some of the most prevalent misdemeanor and felony cases on the 41B District Court’s criminal docket:

Domestic Violence
Retail Fraud (1st, 2nd 3rd degree)
Drunk Driving (OWI, Super Drunk Driving with .17 or more, OWI 3rd)
Drug Crimes (analogues/heroin/cocaine/MDMA)
Assault Crimes (misdemeanor and felony assault)
Traffic Crimes (DWLS, leaving scene of accident, reckless driving)
Disorderly Conduct (public intoxication, urinating in public)
Embezzlement & False Pretenses
Credit Card Fraud
Uttering and Publishing
Sex Crimes

Crimes involving firearms are also on the rise throughout Macomb County. Gun crimes include carry a concealed weapon, brandishing a firearm and possession of a firearm under the influence.

Dismissals, felonies reduced to misdemeanors: There’s always a way to resolve a legal predicament. Just because you are guilty does not mean that you will be found guilty. In many cases, there’s a way to get out of the criminal justice system unscathed and without a conviction or by getting a felony dropped down to a petty offense. An attorney can explain how all of these special provisions of law are utilized in the 41-B District Court which can result in a dismissal of a criminal matter:

HYTA for youthful offenders
MCL 333.7411 for first time drug offenders
MCL 769.a for domestic violence.
Delayed Sentence or Deferral

Multiple criminal offenses and drunk driving are eligible for expungement

Michigan has adopted Clean Slate legislation that enables eligible individuals to get multiple offenses, and one drunk driving offense, expunged. For the first time ever (effective February 19, 2022) an individual can file a petition to get any of the following offenses for drinking or drugged driving expunged:

Operating While Intoxicated (OWI)
Operating While Visibly Impaired (OWVI)
High BAC .17 or more or Super Drunk Driving
Minor with any BAC (Zero Tolerance)
Operating with the Presence of a Controlled Substance conviction

The following driving offenses are not eligible for expungement:

OWI with a child (passenger under 16)
OWI or Impaired Driving causing serious injury
OWI or Impaired Driving causing death.

Retail Fraud Cases in the 41B District Court: DISMISSED!

The offense of retail fraud, also known as shoplifting, can occur when an individual intentionally does any of the following at a retail or business establishment:

Conceals property with the intent to steal
Changes a price tag or packaging of an item
Attempts to defeat the checkout scanner

If you are charged with retail fraud, chances are that you have not been in trouble before and had the money to pay for the goods. If a client is not a US citizen, we will take extra measures in our negotiations to AVOID DEPORTATION. Getting the best 41B District Court retail fraud lawyer is important if you want to keep your dignity, keep your case private, avoid deportation and get the charge dismissed with NO JAIL.

Domestic Violence

Are you being charged with domestic violence in the 41B District Court? Are other attorneys telling you to just plead guilty? Have you been told that you can’t get the no-contact order lifted? Does your significant other, spouse or other side want the case dismissed? If you are in this position, get a Macomb County domestic violence lawyer to explain how you can get the charge DISMISSED, can get the no-contact order lifted and will not be labeled with an assault crime.

Over 200 Charged with Operating While Intoxicated in the 41B District in 2019

There is always a consistently high number of OWI/DUI cases in the 41B District Court. From our experience, you are not looking at jail or losing your license for a first time drinking/drugged driving offense. In addition, if you are charged with a felony OWI/DUI (OWI Third), there is a good chance it can be reduced to a misdemeanor with the right 41B District Court drunk driving lawyers. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. Fortunately, the judges in the 41B District Court have a sentencing philosophy that encourages rehabilitation rather than incarceration.

If a person is charged with Super DUI (BAC .17 or greater), there is a good chance it can be reduced to a lower offense. Using local Clinton Township drunk driving defense lawyers that know the local policies, practices and prosecutors is your best bet if you are looking to get significant deal on any drunk driving case.

All of the 41B District Court Judges have been in private law practice

The 41B District Court bench all had careers in the private sector running their own law practices. The 41B District Court Judges all know what its like to stand next to another person that is falsely accused of a crime or needs someone to fight for their rights. The 41B District Court is a court system that works with lawyers and those accused of crimes to deliver just and fair results.

From the moment that there is an arrest or a criminal investigation, you need to all of the protection that a local criminal defense attorney can offer. Getting a local Clinton Township criminal defense attorney that knows the system is the best place to start if you are looking to get out of the court system with the best possible outcome.

The 41B District Court Probation Department

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. For most criminal matters, there will be a period of probation imposed. The maximum period of probation that can be imposed for a misdemeanor is 2 years. Probation may be non-reporting or require the individual to REPORT (to a probation officer. In certain situations, a skilled criminal defense lawyer can advocate for a short term of probation (3-6 months) or for NO PROBATION.

Probation Violations: The 41B District Court lists various situations that can result in a probation violation:

If you violate your probation for any reason, probation can be terminated, any deal or deferral can be taken away and jail can be imposed. The list below contains common reasons for a probation violation warrant.

Alcohol and drug testing violations (failing tests, missed tests).
Failure to appear for probation appointments.
Getting charged with a new criminal matter.
Failure to obtain permission to leave the State of Michigan.
Failure to provide current address to the probation department.
Failure to attend counseling or program as ordered by the Judge.
Failure to pay fines & costs by the due date.
Failure to pay restitution.

Probation Modification Hearings: In Michigan, probation can be imposed for up to two (2) years for a misdemeanor offense. While on probation, a person’s right to travel or consume alcoholic beverages can be restricted. Other rights can also be limited or denied while on probation. Probation is an alternative to jail but it also a restraint on personal freedoms and rights. If you are on probation and have been compliant, the 41B District Court Judges may consider modifying or terminating your probation. You will need to talk to an attorney about filing a motion to modify or terminate probation. There are three major reasons that clients ask us to file a motion to modify probation:

Motion to terminate probation early.
Motion to amend probation from reporting to non-reporting.
Motion to amend probation regarding termination/reduction of alcohol/drug testing.

Isolated Incident, First Offender, Not Likely to Get Into Trouble Again: An attorney can advocate for lesser probation, non-reporting probation or a shorter period of probation for eligible offenders.

Traffic Violations in the 41B District Court: Reduced to Avoid Points and Record of any Conviction!

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 41B District Court. Gratiot Avenue, Metro Parkway, a stretch of I-94 and Hall Road all contribute to the traffic volume in the 41B District Court. When resolving a traffic matter in the 41B 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.

Hit & Run? What to do if you leave the scene of an accident

October 10, 2021 | Abdo Law Firm

Leaving the scene of an accident is a crime in Michigan

The dos and don’ts if you are faced with hit and run for leaving the scene of an accident!

A traffic crash is a traumatic event. We know from our experience as Macomb County criminal defense lawyers that an individual may leave the scene of an accident for various reasons including when someone is driving under the influence. Leaving the scene of an accident is a possible response under certain circumstances when stopping appears to be dangerous or risky. However, many hit and run incidents are related to illegal driving scenarios such as when an individual is driving under the influence (DUI), driving while license suspended (DWLS), driving without insurance or has a warrant for his or her arrest.

Hit and Run is a Criminal Offense

In Michigan, traffic offenses can be charged as civil infractions or as crimes. The offense of leaving the scene of an accident (aka: hit and run, failing to give identification at the scene of a crash) is charged as a crime in Michigan. Along with drunk driving, leaving the scene of an accident is also one of the most prevalent misdemeanor cases that is charged in the Macomb County District Courts. Leaving the scene of an accident is a serious crime that can carry jail, up to 2 years of probation, a fine, court costs and 6 points. Leaving the scene of an accident causing an injury is a more serious crime than one causing property damage. If you get convicted of leaving the scene of an accident a criminal record will be created, 6 points will go on your driving record, you can be placed on probation and get up to 1 year in jail.

Let us explain what you should do if you have left the scene of an accident or if you are charged with leaving the scene of an accident. You should know that talking to the police without getting sound legal advice or pleading guilty without a lawyer are not your best options. You need to also know that employees in the court system are not permitted to give you legal advice. In this publication, and others, we explain why you should be proactive and that hiring a lawyer to fight every traffic ticket is a wise investment.

This publication is based upon our experience handling criminal cases, leaving the scene of an accident and traffic violations in the following Metro Detroit jurisdictions:

37th District Warren, Centerline
38th District Eastpointe
39th District Roseville, Fraser
40th District St. Clair Shores
41-A District Sterling Heights
41-A District Shelby Township, Macomb Township, Utica
41-B District Clinton Township, Harrison Township, Mount Clemens
42-1 District Romeo, Washington Township, Armada, Richmond, Ray Township
42-2 District New Baltimore, Chesterfield Township, Lenox Township, New Haven
44^th District Court
52-4 District
Grosse Pointe Woods Municipal Court
Grosse Pointe Farms Municipal Court
Grosse Pointe Shores Municipal Court

Michigan Driver’s Duties Following an Accident

Pursuant to MCL 257.619, The driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident with an individual or with another vehicle that is operated or attended by another individual shall do all of the following:

Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided.
Exhibit his or her operator’s or chauffeur’s license to a police officer, individual struck, or the driver or occupants of the vehicle with which he or she has collided.
Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.

Failing to comply with these duties or failing to stop and give identification at the scene of a crash or leaving the scene of an accident can result in a criminal record, criminal penalties along with administrative sanctions by the Michigan Secretary of State.

Are you facing any of these scenarios?

Do not hesitate to hire a local attorney if you are facing any of these scenarios:

You have received a ticket for leaving the scene of an accident.
You have left the scene of an accident and sooner or later will be apprehended.
You have left your vehicle after an accident and do not know what to do.

An attorney will protect you from making the wrong moves with the police and your insurance company. Don’t be tempted to say that your car was stolen or make up some bogus story that will get you charged with a felony. Once you talk to the police, the police will get names of any witnesses and check out your story . Do you really want to implicate your friends and ask them to lie for you? The police will not tell you that you have a right to remain silent and a right to an attorney unless you have been placed in custody.

You just might not be guilty of anything if you were not aware that an accident occurred or remaining at the scene would have been harmful or obstructed traffic more than necessary.

Leaving the scene to avoid getting nailed for a DUI

It happens more often than you think. After consuming alcohol, a person chooses to operate a vehicle and has an unfortunate accident while behind the wheel. The accident may involve a parked car, another occupied vehicle or be a single vehicle accident. The person knows that he or she is intoxicated and doesn’t want to get hit with a DUI. The person makes a decision to leave the scene of the accident believing that it is far better than sticking around and getting charged with drunk driving. Leaving the scene sometimes works out for the offender and sometimes it doesn’t. The driver that leaves the scene, by abandoning his or her car or driving off, will wind up afraid and anxious trying to figure out what will happen next.

Let us help you get your case under control if you have left the scene of an accident. DO NOT call the police and your insurance company and say that your car has been stolen. You will merely be exposing yourself to a felony charge for insurance fraud and filing a false felony report. Once you contact the police, you will asked for additional information that can be incriminating. Only an attorney can give you an accurate plan everything under control.

What to do if you are charged or have left the scene

If you have received a citation for leaving the scene of an accident, contact a lawyer for representation in the court system. If you are freaking out after leaving the scene of an accident and haven’t been caught yet, contact a lawyer to help you sort it out and establish a solid plan to address all of the following urgent matters:

Whether or not you should talk to the police.
Whether an insurance claim should be filed.
Getting your car out of the impound.
Dealing with the court system (arraignment, bond, pretrial conference, trial).

You have a right to a lawyer and a right to remain silent!

Let us explain the dos and don’ts if you are faced with any of the above hit and run scenarios:

DO retain an attorney to speak on your behalf.
DO get yourself cleaned up, sober and in a better place if you intend to handle the matter with the police without a lawyer.
DON’T go home if you expect the police know your identity and your residential address.
DON’T make any statements to the police until you have consulted with a lawyer.
DON’T send any incriminating text messages to anyone.
DON’T say anything to your insurance agent until you have consulted with a lawyer.

There are ways for us to truthfully report the matter to the police without ever mentioning that our client was intoxicated the day before. Insurance fraud and filing a false police report are felonies. We will give you a solid plan to deal with the police, the insurance company and the court system without ever getting charged with a drunk driving or lying to the police! We consider it an emergency if you have left the scene of an accident, have not been home for several hours and do not have a clue what you should do next.

Penalties for leaving the scene of an accident

Jail-time, losing your license, insurance issues and getting stuck in the court system for up to 2 years while on probation are all possible penalties for leaving the scene of an accident.

It is a crime to leave the scene of an accident pursuant to MCL 257.617a, which provides as follows:

1. Leaving scene causing property damage: The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.
2. Leaving scene causing an injury: If an individual violates subsection (1) and the accident results in injury to any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

Leaving the scene of an injury accident

Leaving the scene of an accident may involve property damage, an injury to another person, or both. There are many factors that can make leaving the scene of an accident more serious. Leaving the scene of an accident involving only property damage with no injuries is a threshold case under the statute. If an injury is involved, the penalties are increased. If an injury occurs and alcohol or drugs are a factor, the offense is likely to be charged a felony, OWI causing an injury, which can carry up to five (5) years in prison. It is the job of an attorney to find ways to minimize the consequences of a more serious charge.

Restitution: Compensation to the victim(s)

Michigan’s restitution statute, MCL 769.1a, gives the court wide discretion to order reimbursement to any victim which arises out of the defendant’s criminal course of conduct. The statute states as follows: when sentencing a defendant, the court shall order that the defendant make full restitution to any victim of the defendant’s course of conduct that gives rise to the conviction or to the victim’s estate. Restitution can include compensation for property damage and injuries such as: collision costs or fair market value of property, medical expenses, cost of psychological treatment to the victim or member of victim’s family and child care!

Restitution can be ordered to be paid during a term of probation. Whenever it is attainable and it will help in negotiations or sentencing, we may encourage our client to pay restitution up front.

Driving off after accident, leaving disabled vehicle at the scene

When the police find a disabled or abandoned vehicle that was in an accident, they are automatically suspicious that the driver was drunk, left the scene to avoid being tested for alcohol and waited to claim the vehicle until after his or her alcohol levels dropped below the legal limit for OWI/DUI. The police will typically put a hold on the vehicle until it is claimed and a statement is made by the owner/driver. This is where an attorney comes in and can talk to the police for you, schedule an interview and arrange to get your car released. If damage is extensive, the vehicle may remain impounded until the insurance company adjusts the damage. DO NOT REPORT THE VEHICLE AS STOLEN! Contacting the police before retaining a lawyer in this scenario is a big mistake. It is far better to let your lawyer do damage control and do all of the talking rather than get caught lying to the police which can lead to other serious felony charges.

Beating Traffic Tickets in Macomb, Oakland & Wayne Counties

October 1, 2021 | Abdo Law Firm

Matthew S. Abdo & Cy M. Abdo

What is the difference between criminal traffic tickets and civil infractions?

Traffic offenses are classified as non-criminal or criminal. A non-criminal traffic violation is called a “civil infraction”. Civil infractions do not carry any jail and do not go on an offender’s criminal record. A fine is often imposed for a civil infraction and they usually carry points that will be abstracted on the offender’s driving record. A criminal traffic violation almost always carries points, a fine, along with possible jail and probation. Click here for a link to the Michigan Secretary of State Point System.

In this article, ABDO LAW will explain the differences between various traffic offenses and why you should fight every traffic ticket to avoid points and higher insurance premiums. Avoiding a criminal record may be an additional goal if you are charged with a criminal traffic offense such as leaving the scene of an accident, driving while license suspended or reckless driving. The Michigan Traffic Offense Code contains a complete list of all Michigan traffic offenses along with penalties, points and license sanctions. Here are the goals that we have when we fight a traffic ticket:

Avoid points
Avoid any offense on driving record
Avoid higher insurance premiums
Avoid a criminal traffic conviction

Civil Infractions: A civil infraction can result in the following sanctions: points on your driving record with secretary of state and monetary sanction (fine) to the court system. Not all civil infractions result in points or go on your driving record. If you are wondering, there are a few civil infractions which we can get in a plea deal to resolve a traffic ticket and keep a client’s record clean. The following offenses do not appear on your record and do not carry any points: double parking, impeding traffic and sudden acceleration. Yes, the court remains able to assess a fine for these matters. However, insurance rates will not be impacted since these offenses do not show up on your record. That makes it a huge deal to get a traffic offense reduced to a civil infraction which DOES NOT appear on your driving record. Here are a few examples of common civil infractions that can hurt you because they carry points and appear on your driving:

Civil Infractions

Speed 1 to 10 mph over limit, 2 points
Speed 11 to 15 mph over limit, 3 points
Speed Over 15 mph over limit, 4 points
FTSACD (rear end accident), 2 points
Disobey stop sign, 3 points
Disobey traffic signal, 3 points
Careless driving, 3 points

Criminal Traffic Violations: When an offense is labeled a crime or criminal traffic violation, it can carry the following sanctions: points, fine, court costs, possible jail and probation. If the matter is a misdemeanor traffic violation, it can carry up to 2 years probation. A felony involving a motor vehicle (such as fleeing or OWI 3rd), can carry up to 5 years probation. Most criminal moving traffic violations carry 6 points. Here is a list of the most common criminal traffic offenses that are also some of the most prevalent misdemeanors that appear in every district court located in the counties of Macomb, Oakland, Wayne and St. Clair:

Criminal Traffic Offenses

Reckless Driving
Fail to stop after accident
Fleeing and eluding
Drunk driving (OWI)
Driving while license suspended (DWLS)

Insurance companies get rich when you just pay a traffic ticket!

Don’t surrender to the police, courts and insurance companies when you get a traffic ticket! There is never any benefit to just paying a ticket without trying to fight it. Absolutely Never! Based upon our experience, traffic tickets are fought and won every day in every Metro Detroit district court located in Macomb, Oakland and Wayne counties. Fighting a traffic ticket with an experienced local attorney can save you from getting jammed points and up with higher insurance premiums.

There are ways to avoid points and avoid a ticket from getting abstracted on a driving record?

Yes, there are ways to get traffic tickets under control by avoiding any points and avoiding anything from appearing on an offender’s driving record. Most of the time, an attorney can negotiate for reduction of the ticket which usually means less points. When this occurs, the ticket is amended to an offense such as “impeding traffic” or “double parking” which are zero point violations that do not appear on the driving record. We understand that you might be thinking that “impeding traffic” or “double parking” do not have anything to do with the original ticket. However, the key is to AVOID POINTS and AVOID A RECORD!

Clean Slate Law Allows for Expungement of Certain Criminal Traffic Violations

Prior to 2021, a criminal traffic violation was could NOT be expunged in Michigan. Now, under Michigan’s new expungement rules, certain traffic misdemeanors may be expunged. Also, effective February 19, 2022, an individual may be eligible to get one offense expunged for operating while intoxicated or impaired. There are exceptions to this rule and the following offenses involving a motor vehicle are not eligible for expungement:

Any traffic violation involving an injury or death.

Effective on February 19, 2022, a first and only driving under the influence can be expunged. Whenever in doubt, contact an expungement lawyer to find out if your case is eligible for expungement.

Links to Macomb and Surrounding Area Courts

Here is a sample of courts that surround our office where we frequently practice and have had success in getting thousands of tickets dismissed!

How to order your Michigan criminal record

September 1, 2021 | Abdo Law Firm

Actual Image of Michigan Application to Set Aside/Expunge Conviction (MC227)

There are several reasons that you might need to know how to obtain your criminal record. You might need to obtain your criminal record to accurately fill out an application for employment or college. An attorney may want to do a background check if you are under a criminal investigation or being charged with a criminal matter. In addition, upon filing an expungement, an attorney is required to request the criminal history of the applicant.

How to order a copy of your criminal record

Retail Fraud – Shoplifting Cases In the 41-A District Court, Sterling Heights, Utica and Shelby Township, Michigan

August 10, 2021 | Abdo Law Firm

Retail fraud can occur by concealing property,

by engaging in certain fraudulent activity or bypassing a checkout scanner.

41A District Courts: Locations in Sterling Heights and Shelby Township

Criminal cases which occur in Sterling Heights, Shelby Township, Macomb Township and Utica are handled at one of the above 41A District Courts. The Shelby Township location has jurisdiction over cases that occur in Shelby Township, Macomb Township and Utica. 41A District covers a large geographical area in the County of Macomb with two court locations:

Shelby Township Location: 52420 Van Dyke, Shelby Township, MI 48316 Phone: 586-739-7325

Sterling Heights Location: 40111 Dodge Park, Sterling Heights, MI 48313, Phone: 586-446-2550

There are numerous retail establishments and shopping corridors situated within the jurisdiction of the 41A District Courts. In addition to Lakeside Mall, there are numerous other national retailers and big box stores located on the M-59 corridor and on major shopping corners and centers throughout Sterling Heights, Shelby Township, Utica and Macomb Township including Sam’s, Meijer, Walmart, Kmart, CVS, Home Depot, Lowes Home Improvement, Target and Kohls.

The courts, police and prosecutor will not give you legal advice!

This publication is based upon our law firm’s extensive experience practicing criminal law in the 41A District Courts. Do not hesitate to hire a lawyer to protect your rights if you are being accused or charged with a crime. The courts, police and prosecutor will not give you legal advice.

Retail Fraud is Shoplifting: Possible arrest on the spot or released and notified of a court date

The crime of shoplifting, which is called retail fraud in Michigan, is one of the most prevalent crimes that we see in both of the 41A District Courts as well as every other district court in Macomb County!

Retailers use a variety of resources to deter theft and identity shoplifters. The offense of shoplifting, or retail fraud, occurs when a person does any one of the following acts with an intention to steal property from a retail establishment:

Conceals property on his or her person, or otherwise, with the intent to steal.
Changes a price tag or label with the intent to create or cause a misleading transaction.
Attempts to defeat the self scanning checkout system.

After identifying a shoplifter, the loss prevention employee will obtain identification and detain the suspected party unless apprehension and detention is dangerous or met with resistance. Insofar as possible, loss prevention employees are trained to avoid confrontations which could result in personal injuries or liability to the retailer. The shoplifter may be held in custody until a bond is posted or released and notified of a court date in about 30 days.

Once apprehended for retail fraud, one of the following scenarios may occur:

The police are called to the scene and the person may be arrested, booked and released on bond until a court date is scheduled.
The person may be released and notified by mail once the case is within the court system.
The person may be issued a ticket or notice to appear in court within 10 days or on specified date.

Video Evidence of Self Scanner Fraud: Getting caught red handed is one way that shoplifters get nabbed. Reviewing video footage of a particular customer’s shopping activity is another way that retail fraud offenders are flushed out. If a customer is suspected of retail fraud, particularly at a self checkout scanner, a loss prevention officer may track the customer’s credit card transactions and match them up with the video of the person’s checkout activity. If the customer is seen placing items in a bag, or bypassing the checkout scanner, without paying for the items, the customer may be charged with retail fraud. The following are a few ways people steal at self checkout terminals:

Failing to scan items, usually of greater value (leaving them in a shopping cart).
Placing an item in a bag or in the bagging area without scanning it.
Creating confusing to distract store employees.

Multiple charges may be levied against a single customer if the video evidence reveals several illegal transactions. The transactions may be combined to charge an individual with multiple crimes or the separate transactions may be consolidated to elevate the crime to a felony if the amount involved is $1,000.00 or more.

The evidence in a retail fraud case will consist of the police report, any witness statements, confession of the accused party and any photographic or video evidence of the incident. Employees and loss prevention officers of the retail establishment will be asked to cooperate with the prosecutor and the court system in later proceedings against the accused party.

Penalties for Retail Fraud: Criminal Record, Possible Deportation

Retail fraud in the first degree is a felony. Retail fraud in the second and third degree are misdemeanors. Retail fraud is a crime of dishonesty which could result in a permanent criminal record if not handled by an experienced retail fraud lawyer. Retail fraud is also considered a crime involving moral turpitude which can result in deportation for non US citizens. Thus, a person who faces retail fraud charges should hire a lawyer as soon as possible. A lawyer can provide invaluable sound legal advice and a strategy which could keep result in a dismissal of the offense, depending upon the circumstances and the prior criminal record of the offender. The penalties for retail fraud are:

Retail Fraud First Degree: If the value of the merchandise is $1,000.00 or more, up to 5 years in prison and/or fine up to $10,000.00, or 3 times the value of merchandise.
Retail Fraud Second Degree: If the value of the merchandise is $200 but under $1,000.00, up to 1 years in jail and/or fine up to $2,000.00, or 3 times the value of merchandise.
Retail Fraud Third Degree: If the value of the merchandise is under $200,up to 93 days in jail and/or fine up to $500.00, or 3 times the value of merchandise.

Michigan Law provides that a person who commits an act for which he or she could be charged with retail fraud is liable to the merchant for the full retail price of un-recovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

In addition, the court can order restitution at the time of sentencing. Restitution is compensation for a victim’s losses.

Retail Fraud Cases DISMISSED!

You are not alone if you facing a shoplifting charge. Some of our clients say that they are happy when they got caught because it (shoplifting) was getting out of control. Others do not have a history of shoplifting but committed the offense on an impulse or desperation. Having a lawyer by your side is your best bet to insure that your rights are protected and to avoid saying the wrong thing that can hurt your case in the legal system. Don’t convince yourself that you can outsmart the legal system. First of all, based upon our experience handling retail fraud cases in the 41A District Courts, 100% of of first time retail fraud offenders are eligible for

If you are charged with a first offense for retail fraud, a disposition for a dismissal is a realistic goal. Based upon our experience, more than 95% of all retail fraud cases are resolved without a trial. There are several provisions of law which we can use to get a retail fraud case case dismissed including:

HYTA allows youthful offenders to get a dismissal and the record sealed from public view.
Juveniles, age 17 or under, may be eligible for consent calendar to get a criminal charge dismissed, sealed and with no record created.
Adult offenders may be eligible to get a retail fraud deferred and dismissed under a special provision of law.
For aliens (non US citizens), our goal is to get the charge amended to a non-deportable offense.

Michigan Criminal Lawyer Blog

Effective October 1, 2021

HYTA is available for youthful criminal offenders ages 18 – before age 26

This is why HYTA dispositions for criminal offenses are such a big deal:

How do you get a HYTA disposition? Rule #1: HYTA applies only for those age 18 but before age 26!

You can get HYTA more than once and other helpful information

The following offenses are not eligible for HYTA

Most prevalent crimes are eligible for HYTA

HYTA is not available in the federal court system. However, the federal court system does have programs, such as diversion or pardon, that allows for a federal crime to be dismissed.

Traffic Offenses and Drunk Drunk are Not Eligible for HYTA

Can you lose HYTA status once it is granted by the court

Other Michigan provisions which are similar to HYTA

Defending Domestic Violence, Assault with a Dangerous Weapon, Assault by Strangulation in Macomb County

List of Michigan Assault/Domestic Violence Crimes and Maximum Penalty

Assault with a Dangerous Weapon: A pool stick, car, or dangerous object can be considered a deadly weapon!

Assault by Strangulation or Suffocation: Punishable by up to 10 years in prison!

The initial arrest, bond conditions and the next step in a domestic violence case

What if the alleged victim does not want to testify and wants the case dismissed?

Assault and Domestic Violence Strategies: Avoiding Conviction, Jail, Record

Getting a Domestic Violence Under Control, Dismissed, Avoiding a Felony Conviction

Please browse our webpages and blogs that are dedicated to the topics of assault crimes:

Romeo: 42nd District Court Division 1

New Baltimore: 42nd District Court Division 2

Traffic and Criminal Caseload of the 42nd District Courts

What is a pretrial conference? A probable cause conference?

What is the attorney’s role at a pretrial conference?

What is the defendant’s role at the pretrial conference?

Pretrial Conference: Now Scheduled Live or Remote

How are drunk driving, retail fraud and other prevalent cases resolved at the pretrial conference?

Some other important things to know about pretrial conferences

Macomb County Court Links:

Drug overdose deaths on the rise!

Drug overdose deaths exceed 100,000 per year in the United States

Prescription drugs are gateway to heroin addiction

This isn’t the first time corporate America used science to endorse a deadly product

Michigan Automated Prescription System: MAPS used to track prescribed medications

Marijuana legalized in Michigan for adult recreational use

Taking a closer look at a drug problem when it causes personal or legal problems

Relapse Prevention

Dismissal of Criminal Charges Upon Compliance & Abstinence

41B District Court Information, Location, Zoom Identification

Hire a lawyer now! Court personnel cannot give legal advice and the prosecutor does not represent you!

Multiple criminal offenses and drunk driving are eligible for expungement

Retail Fraud Cases in the 41B District Court: DISMISSED!

Domestic Violence

Over 200 Charged with Operating While Intoxicated in the 41B District in 2019

All of the 41B District Court Judges have been in private law practice

The 41B District Court Probation Department

Traffic Violations in the 41B District Court: Reduced to Avoid Points and Record of any Conviction!

Leaving the scene of an accident is a crime in Michigan

The dos and don’ts if you are faced with hit and run for leaving the scene of an accident!

Hit and Run is a Criminal Offense

Michigan Driver’s Duties Following an Accident

Are you facing any of these scenarios?

Leaving the scene to avoid getting nailed for a DUI

What to do if you are charged or have left the scene

You have a right to a lawyer and a right to remain silent!

Let us explain the dos and don’ts if you are faced with any of the above hit and run scenarios:

Penalties for leaving the scene of an accident

Leaving the scene of an injury accident

Restitution: Compensation to the victim(s)

Driving off after accident, leaving disabled vehicle at the scene

What is the difference between criminal traffic tickets and civil infractions?

Insurance companies get rich when you just pay a traffic ticket!

There are ways to avoid points and avoid a ticket from getting abstracted on a driving record?

Clean Slate Law Allows for Expungement of Certain Criminal Traffic Violations

Links to Macomb and Surrounding Area Courts

How to order a copy of your criminal record

41A District Courts: Locations in Sterling Heights and Shelby Township

The courts, police and prosecutor will not give you legal advice!

Retail Fraud is Shoplifting: Possible arrest on the spot or released and notified of a court date

Penalties for Retail Fraud: Criminal Record, Possible Deportation

Retail Fraud Cases DISMISSED!

Traffic and Criminal Caseload of the 42^nd District Courts