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

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

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

41-a-district-court

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

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

District-Courts-Macomb-Map

MACOMB COUNTY DISTRICT COURT MAP

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

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

Criminal Cases in the 41-A District Courts: Provisions of Law to Get Dismissals Available!

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 41-A District Courts. The following is list of some of the most prevalent cases that we regularly see on the 41-A District Courts dockets in both Sterling Heights and Shelby Divisions:

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 41- A District Courts, you will appear either before a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at arraignment by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. Most judges will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise take.  In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

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

The outcome of a criminal case in the 41-A District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on a case are:

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

In our experience, criminal cases can be resolved favorably at the 41-A District Courts. Whenever possible, the judges in both divisions will accept dispositions to allow an offender the opportunity to get a dismissal under these special provisions of law: HYTA for youthful offenders (age 17 to 23), MCL 333.7411 for first time drug offenders and MCL 769.a for domestic violence. The court will also utilize a provision of law known as a deferral or delayed sentence which allows an offender leniency or a dismissal after a period of probation. Even individuals that have a prior criminal record will be given respect and consideration for plea deals to get a dismissal under certain circumstances.

Drunk Driving Cases in the 41-A District Courts: 215 DUI cases in 2016

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

DUI_Image

APPROXIMATE BLOOD ALCOHOL CONTENT (BAC) CHART

1st offense drinking and driving:  For most first time drinking and driving offenders, jail is not likely absent some other aggravating circumstances in the 38th and 39th District Courts. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

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

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

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

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

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

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

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

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

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


HALL-ROAD-MAP

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

When resolving a traffic matter in the 41-A District Courts, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident.

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

Link to Sterling Heights Points and Fine Schedule

Link to Shelby Township Points and Fine Schedule

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

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

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

The locations of the 37th District Court are:

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

The Warren Police Department (WPD) is located directly behind the 37th District Court. The WPD is one of the most active law enforcement agencies in Macomb County with a major detective bureau, air force (helicopter), motorcycle and traffic patrol squad. The detective bureau has a drug enforcement team, as well as other units, which engage in various undercover operations.  The drug enforcement unit keeps close tabs on its 8 Mile Border and regularly arrests individuals that are caught returning to Warren after buying drugs (heroin) in the City of Detroit.  The Michigan State Police also have a presence in Warren as the law enforcement entity responsible for patrolling I-696 expressway.

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

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

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

Getting out on bond, bond conditions: The 37th District Court is notorious for setting high bonds on individuals charged with a felony.  Often, the family of an incarcerated person needs to utilize the services of a bondsman for financial reasons. A bondsman typically will charge a non-refundable 10% fee for the use of his resources and also require a collateral agreement.  For example, if bond is set by the court at $50,000.00, the bondsman will charge a fee of $5,000.00 and also require sufficient unencumbered collateral up to $50,000.00 for the use of his resources. Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at arraignment by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. Most judges will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise take.  In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

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

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

  • The prior criminal record of the accused party.
  • Cooperation with the police (no resistance or difficulty at the time of arrest).
  • Whether another party was injured.
  • Whether the accused party can provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children).

In our experience, criminal cases can be resolved favorably at the 37th District Court. Whenever possible, the judges will accept dispositions to allow an offender the opportunity to get a dismissal under these special provisions of law: HYTA for youthful offenders (age 17 to 23), MCL 333.7411 for first time drug offenders and MCL 769.a for domestic violence. The court will also utilize a provision of law known as a deferral or delayed sentence which allows an offender leniency or a dismissal after a period of probation. Even individuals that have a prior criminal record will be given respect and consideration for plea deals to get a dismissal under certain circumstances.

Drunk Driving Cases in the 37th District Court: 215 DUI cases in 2016

The highways and roads within the jurisdiction of 37th District Court are well traveled. They are used to cross town from the northern suburbs to the City of Detroit and to travel from the east side to the west side. Within its boundaries, there is an abundance of traffic associated with the I-696 expressway, the automotive industry and retail establishments. Heavy traffic volume is the reason that we see so many drunk driving cases within the 37th District Court. In 2016, Warren and Centerline administered a total of 215 breath and blood tests for individuals charged with drunk driving or drugged driving. Over 50 of the test results registered a blood alcohol content of .17 or greater to support a charge of ‘Super DUI‘ or operating with a high BAC (.17 or greater).

Statistically, more than 90% of drunk driving cases are resolved without a trial. I would say that our firm falls within that range for the cases that we handle in the 37th District Court as well.  For most first time, and even second time offenders, jail is not likely absent other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. If a person is charged with ‘Super DUI’, a deviation may need to be filed to get a reduction to a lower offense. Getting an offense lowered to a non-drinking offense is very rare in the 37th District Court but can be considered for clients that meet certain qualifications and are willing to invest in the process.

A period of 1 year probation is usually imposed for a First time drinking and driving offender in the 37th District Court. In addition to probation, a person convicted for a first drinking and driving offense which is reduced to impaired driving is looking at:

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

There are other mandatory and discretionary sanctions associated with a drinking and driving conviction including: driver responsibility fees, probation oversight expenses and vehicle immobilization. The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense.

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

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

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

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

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

Court personnel are forbidden by law to give legal advice. Yet courts are making it easier than ever to just pay your traffic ticket by visiting the court’s website and conveniently providing an option to pay by credit card.  Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

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 41B-District-Court-Clinton-Township-Michigan

The 41B District Court located at 22380 Starks Drive, Clinton Township, Michigan 48038, phone: 586-469-9300.  It has jurisdiction to handle civil, traffic and criminal cases arising in Clinton Township, Harrison Township and Mount Clemens. Clinton Township has its own police department while Harrison Township and Mount Clemens are policed by the Macomb County Sheriff’s Department. The Court is served by Judge Sebastian Lucido, Judge Linda Davis and Judge Carrie Lynn Fuca.

As I state in this publication, it is my opinion based upon several years of experience, that the 41B District Court will give a person a second chance and has a philosophy to encourage rehabilitation rather than impose jail. 

41B District Court has an expansive jurisdiction that covers Macomb County from Lake St. Clair in Harrison Township to Hayes Road on the Sterling Heights border, and from 14 Mile Road to Hall Road. The area has a diverse mixture of established and newer real estate, shopping centers, Macomb County Community College, county government offices 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.

Criminal Cases in the 41B District Court: Provisions of Law to Get Dismissals Available!

The 41B District gets a wide range of the criminal cases that occur within Macomb County.  Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 41B District Court. The following is list of some of the most prevalent cases that we regularly see on the 41B District Court’s docket:

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 41B District Court, you will appear either before a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. I have found that the judges and the magistrate will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise take.  In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

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

The outcome of a criminal case in the 41B District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

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

In our experience, criminal cases can be resolved favorably at the 41B District Court. All these special provisions of law are possible in the 41-B District Court which can result in a dismissal of a criminal matter:

  • HYTA for youthful offenders (age 17 to 23)
  •  MCL 333.7411 for first time drug offenders
  • MCL 769.a for domestic violence.
  • Delayed Sentence or Deferral

Drunk Driving Cases in the 41B District Court

1st offense drinking and driving: The 41B District Court is known for imposing hefty fines and costs for first time drinking and driving offenders.  For most first time drinking and driving offenders, jail is not likely in the 41B District Court absent some other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired‘ in the 41B District. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. Non-reporting probation, reporting probation and counseling may also be imposed depending upon the circumstances. Those with a history of alcohol or substance abuse, or that register a high blood alcohol content (BAC), can expect a longer period of counseling. Fortunately, the judges in the 41B District Court have a sentencing philosophy that encourages rehabilitation rather than incarceration.  In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,500.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program
  • Possible drug testing, alcohol testing, AA meetings
  • 4 points on driving record

There are other mandatory and discretionary sanctions associated with a drinking and driving conviction including: driver responsibility fees, probation oversight expenses and vehicle immobilization. The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of a drinking and driving offense.

If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. In 2016, there were approximately 140 arrests for operating while intoxicated related offenses in Clinton Township and 50 registered a BAC of .17 or more.

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

The 41-B District Court Probation Department: 22380 Starks Drive, Clinton Township, Michigan 48038

The 41-B District Court has its own probation department located inside of the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. When probation is imposed, the judge may require reporting or non-reporting probation.  The maximum period of probation that can be imposed in the district courts is 2 years.

Isolated Incidents, Not Likely to Re-offend: There are many instances where we have advocated for ZERO probation, or for an abbreviated period of probation, on behalf of clients that are not likely to re-offend.

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.

The court staff and judicial officers are forbidden by law to provide you with legal advice. Yet many courts are now making it easier than ever to just pay your traffic ticket by visiting the court’s website and conveniently providing an option to pay by credit card.  Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

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nautical-mile-sign

The 40th District Court has jurisdiction over matters that occur in the City of St. Clair Shores. St. Clair Shores is predominantly a suburban city bordering along Lake St. Clair from 8 Mile Road to 14 Mile Road. The Nautical Mile is a St. Clair Shores landmark located on Jefferson between 9 Mile Road and 10 Mile Road.

The 40th District Court is located on the corner of 11 Mile Road and Jefferson: 27701 Jefferson, St. Clair Shores, Michigan 48081, Phone: 586-445-5280, criminal extension #3. Honorable Mark A. Fratarcangeli and Honorable Joseph Craigen Oster presiding,

St. Clair Shores: Nautical Mile, I-94, I-696

St. Clair Shores is best known for its several miles of coastline on Lake St. Clair. The lake is a big draw for recreation and for many that choose to live in St. Clair Shores. The area has a reputation for its charm and being a safe place to live. I can confirm these attributes since St. Clair Shores is my hometown.

Most of recreational activity in St. Clair Shores arises in a dedicated zone known as the Nautical Mile. The Nautical Mile in St. Clair Shores, located on Jefferson from 9 Mile Road to 10 Mile Road,  is a Michigan landmark which consists of numerous restaurants, marinas and boat dealers along a one mile stretch of land along the Lake St. Clair shoreline.

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

Criminal Cases in the 40th District Courts: Provisions of Law to Get Dismissals Available!

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 40th  District Court. The following is list of some of the most prevalent cases that we regularly see on the 40th District Court’s docket:

 The 40th District Court keeps close tabs on the community to insure safe streets and recreational enjoyment. I would say that both judges take a ‘hands on’ approach to their cases. They use alcohol and drug testing extensively to monitor individuals that are on bond or convicted of an alcohol or drug related offense. Jail is a probable option for those that violate probation in the 40th District Court.

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 40th District Court, you will appear either before a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. I have found that Judge Oster, Judge Fratarcangeli and the magistrate will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise take.  In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

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

The outcome of a criminal case in the 40th District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

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

In our experience, criminal cases can be resolved favorably at the 40th District Court. All these special provisions of law are possible in the 40th District Court which can result in a dismissal of a criminal matter:

  • HYTA for youthful offenders (age 17 to 23)
  •  MCL 333.7411 for first time drug offenders
  • MCL 769.a for domestic violence.
  • Delayed Sentence or Deferral

Drunk Driving Cases in the 40th District Court

For most first time drinking and driving offenders, jail is not likely in the 40th District Court absent some other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’ in the 40th District. It is both extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. In 2016, there were approximately 100 arrests for operating while intoxicated related offenses in St. Clair Shores and 42 registered a .17 or more.

1st offense drinking and driving: As I stated, the 40th District Court utilizes probation, alcohol and drug testing extensively.  A short or long period of counseling may also be imposed depending upon the circumstances. Those with a history of alcohol or substance abuse, or that register a high blood alcohol content (BAC), can expect a longer period of counseling.  In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

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

There are other mandatory and discretionary sanctions associated with a drinking and driving conviction including: driver responsibility fees, probation oversight expenses and vehicle immobilization. The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of a drinking and driving offense.

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

The 40th District Court Probation Department: 27701 Jefferson, St. Clair Shores, Michigan 48081

The 40th District Court has its own probation department located inside of the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. When probation is imposed, the judge may require reporting or non-reporting probation.  The maximum period of probation that can be imposed in the district courts is 2 years.

Traffic Violations in the 40th District Court: Reduced to Avoid Points and Record of any Conviction!

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Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 40th District Court. The presence of I-94 and I-696 contribute to the traffic volume in St. Clair Shores.  When resolving a traffic matter in the 40th District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

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Super Drunk Driving = Operating with a High BAC .17 or Greater 

Effective October, 31, 2010, Michigan’s “SUPER DRUNK” law went into effect.  The Super Drunk Law, now on the books for several years, is commonly referred to as ‘operating with a high BAC’ on police and court documents.  This law adds harsher penalties to drunk drivers with high blood alcohol levels of .17% or greater as follows:

  • Up to 180 days in jail.

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The nature of this publication will be dedicated to the frequent talking points which arise during our consultations with clients that are charged with a Michigan drunk driving case. When I refer to drunk driving, I am referring to the plethora of Michigan laws that cover operating a motor vehicle while intoxicated (OWI) or impaired (OWVI) after the consumption of alcohol, illegal drugs or prescribed medications. We admit that the drunk driving laws are convoluted.  As I have stated in other publications, there are more laws on the books in Michigan for drunk driving than exist for the offenses of murder, kidnapping, burglary and rape combined.  Here is a sample of Michigan laws presently in force that cover the offense of drunk (or drugged) driving:

  • Criminal laws which empower the court to impose incarceration and other penalties.
  • Civil infractions, such as refusing the Preliminary Breath Test (PBT).

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Blood alcohol content (BAC), Michigan State Police Statistics

Blood alcohol content (BAC) refers to the amount of alcohol which is estimated within a person’s blood as determined by a blood alcohol test.  Blood tests and breathalyzer tests are the most common methods for testing BAC. The Michigan State Police maintains statistics with respect to BAC testing, DUI convictions, average BAC levels and the number of convictions for those charged with a DUI offenses.  The statistics are further broken down for each county and each district and circuit court. In 2016, the Michigan State Police Drunk Driving Audit revealed the following statistics for those who submitted to a breath or blood test in Macomb County:

  • 2,182 tests were administered for breath or blood samples (breath tests accounted for 1,404)

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Judges have heard it a million times before: “I didn’t intent to steal anything”

In this publication, we discuss how a retail fraud offense can be dismissed for eligible offenders in the Macomb County District Courts. In addition, we warn you that an opportunity to get a dismissal can be lost by saying the wrong thing to the prosecutor or the judge such as, “it was an accident” or “I didn’t intend to steal anything and had the money in my purse to pay for it.”

Places where retail fraud cases are prevalent, some common variable in retail fraud cases

Retail fraud cases are on the rise and are always one of the most frequently charged misdemeanor offenses in the Macomb County District Courts where we practice extensively.  While every court in Macomb and Oakland County sees its fair share of retail fraud cases, the courts which are located in regions with shopping malls, major retailers (Target, Kohl’s, Walmart, Home Depot, Meijer) and major shopping corridors have the greatest number of retail fraud cases on their dockets for obvious reasons. While each offender has a different reason for committing the offense of retail fraud, some of the common variables that we are seeing in our Macomb County retail fraud cases (especially retail fraud 3rd degree/under $200.00) are as follows:

  • Isolated Incident: Our typical client charged with retail fraud is a female without any prior record.
  • Merchandise such as lingerie and cosmetics are are popular items taken by because they are more easily concealable.
  • We are seeing more retail fraud crimes by attempting to deceive self-checkout bar code scanners.
  • Many of our clients who have been accused of retail fraud have made legitimate purchases at the same time while at the retail establishment.
  • The value of the property taken is under $200.00.

Retail fraud = concealing property, changing price tags, knowingly paying less than true price, defeating bar-code scanners

Retail fraud usually involves the act of taking property, usually by concealment, from a retail establishment without paying for it. It may also involve changing price tags, paying less than the actual price by engaging in conduct to defraud the establishment or by attempting to defeat  a bar-code scanner at the point of purchase. The degrees and penalties for retail fraud are as follows:

Retail fraud penalties: Prior record of offender may increase penalty; possible felony charges

Retail fraud crimes can be charged as a felony or misdemeanor and are classified by the value of the property taken or whether the offender has a prior record. A prior record for larceny, false pretenses or a prior retail fraud may result in enhanced penalties.

  • 1st Degree Retail Fraud, Felony: Maximum Penalty: Up to 5 years in prison, $10,000.00 fine, court costs. Value of Property or Money: $1,000.00 or more
  • 2nd Degree Retail Fraud: Misdemeanor: Maximum Penalty: 1 year jail, $2,000.00 fine, court costs. Value of Property or Money: $200.00 but less than $1,000.00
  • 3rd Degree Retail Fraud: Misdemeanor: Maximum Penalty: 93 days jail, $500.00 fine, court costs.  Value of Property or Money: Under $200.00

Triple Penalty: In addition to the above penalties, the court has the option to  impose a fine, or a penalty up to 3x the amount of property or money attempted to be misappropriated, whichever is greater.

Civil Demand Letter: The retail business may send a letter requesting up to $200.00 from the alleged offender even before the case is within the court system. The criminal retail fraud matter will not be dropped just because this amount is paid. The civil demand for money and the criminal proceedings are separate and distinct matters.

Some reasons that someone commits shoplifting or retail fraud, impulsive behavior

There are some reoccurring reasons as to “why” a person commits a retail fraud offense. Shoplifting is not limited to those that are downtrodden and underprivileged. In general, our clients are usually the kind of people that have never been in trouble and their conduct can be described as an isolated incident. In extreme cases, we have also represented those that suffer from a compulsive shoplifting disorder. It is our job to work with our clients to understand why a client engaged in risky behavior so that we can provide effective legal representation and solutions.

Impulsive behavior: Impulsive conduct, or acting before you think, is also high on the list of reasons that a person engages in the offense of retail fraud.  Impulsive behavior is not limited to juveniles or youthful offenders. Our Macomb County criminal defense lawyers have represented individuals in every age group and every walk-of life including senior citizens and mini-van-moms who site impulsiveness as a reason for committing an act of retail fraud. 
Prescription medications and drug addiction
: Prescription medications for psychological disorders can sometimes cause irrational behavior which leads to a person to commit retail fraud. In these cases, we recommend that our client get a current medical examination and consider engaging the services of a counselor. Drug addicts may commit retail fraud because of financial reasons or to resell goods to fund a drug habit. Again, getting as much background as possible and taking proactive measures before court can make a vast difference in the outcome of a case.

Macomb County Courts: Getting a second chance!

The outcome of a retail fraud case in the Macomb County Districts Courts will depend upon various factors including:

  • The prior criminal record of the offender.
  • Cooperation with authorities.
  • The value of the property stolen can make a minor retail fraud offense into a felony.
  • The proactive measures taken by the offender prior to the first court date.

In a recent Wall Street Journal Article regarding misdemeanor offenses, Judge Thomas Boyd, who handles misdemeanor cases in Ingham County, Michigan, said “he sometimes finds himself arguing with defendants who seem too eager to admit wrongdoing without consulting a lawyer.” 

While retail fraud cases do not usually involve jail, they can be devastating on a person’s permanent criminal record. A retail fraud offense can label an individual as a “thief” or “dishonest” person. At some point during the legal proceedings, the offender will be judicially interrogated. Saying the wrong thing to the prosecutor or the judge can result in permanant conviction.  The guidance of a criminal defense lawyer can make a huge difference in whether the offender gets stuck in the system or gets a second chance for a dismissal.  In the following Macomb County District Courts, a plea bargain with a disposition for a dismissal is feasible for first offenders charged with retail fraud 3rd degree:

When a client has never been convicted of a crime, we may be able to advocate for a plea bargain to obtain a first offender program (such as HYTA) or petition for a delayed sentence which can result in dismissal of the offense. When someone is charged with felony retail fraud in the first degree, our goal may be to avoid jail and a felony conviction. Our experience has been that most retail fraud cases are resolved favorably by knowing our courts and knowing our clients.

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

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

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