Macomb County Criminal Court handles all criminal cases that are filed in Macomb County. See below for more information about criminal cases in Macomb County.
Sentencing in Macomb County
In Macomb County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Can I request a Plea Agreement?
In Macomb County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Jury Deliberations in Macomb County
In Macomb County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Who is the prosecutor for Macomb County?
Depending upon the case, the prosecutor for Macomb County criminal cases will either be a representative of Macomb County or a representative from Michigan. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Required Court Appearances in Macomb County
Any required court appearances in Macomb County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Where can I get help for my Macomb County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Macomb County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Macomb County Criminal Court locations
Criminal proceedings take place in the Macomb County Criminal Courts. A list of the criminal courts are located here.
Macomb County Arraignments
An arraignment is a court hearing. In Macomb County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Macomb County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Macomb County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Macomb County Criminal Court Locations
16th Circuit Court – Macomb
Address: 40 N Main St, Mt. Clemens MI 48043
Phone: 586-469-5351 Fax: 866-907-8082
37th District Court – Center Line
Address: 7070 E Ten Mile Rd, Center Line MI 48015
Phone: 586-757-8333 Fax: 586-759-9611
37th District Court – Warren
Address: 8300 Common Rd, Warren MI 48093
Phone: 586-574-4900 Fax: 586-574-4932
38th District Court – Eastpointe
Address: 16101 Nine Mile Rd, Eastpointe MI 48021
Phone: 586-445-5020 Fax: 586-445-5060
39th District Court – Fraser
Address: 33000 Garfield Rd, PO Box 10, Fraser MI 48026
Phone: 586-293-3137 Fax: 586-296-8499
39th District Court – Roseville
Address: 29733 Gratiot Ave, Roseville MI 48066
Phone: 586-773-2010 Fax: 586-445-5070
40th District Court – St. Clair Shores
Address: 27701 Jefferson Ave, St. Clair Shores MI 48081
Phone: 586-445-5280 Fax: 586-445-4003
41-A District Court – Shelby Township
Address: 51660 Van Dyke Ave, Shelby Township MI 48316
Traffic/Criminal Fax: 586-726-4555
41-A District Court – Sterling Heights
Address: 40111 Dodge Park Rd, Sterling Heights MI 48313
Phone: 586-446-2500 Fax: 586- 276-4074
41B District Court – Clinton Township
Address: 22380 Starks Dr, Clinton Township MI 48036
Phone: 586-469-9300 Fax: 586-469-1651
42nd District Court – Division 1 – Romeo
Address: 14713 33 Mile Rd, PO Box 6, Romeo MI 48065
Phone: 586-752-9679 Fax: 586-752-1906
42nd District Court – Division 2 – New Baltimore
Address: 35071 23 Mile Rd, New Baltimore MI 48047
Phone: 586-725-9500 Fax: 586-725-1404