Oakland County Criminal Court hears all criminal cases in Oakland County. Below you will find specific information about criminal cases and how they are handled in Oakland County.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Where can I get help for my Oakland 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 Oakland 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.
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.
Arraignments in Oakland County
During an arraignment in Oakland County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Oakland County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Oakland County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Prosecutor in Oakland County
In Oakland County, the prosecutor is an attorney representing Oakland County. In some cases, the prosecutor may actually represent Michigan. For the most part, the prosecutor in Oakland County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Required Court Appearances in Oakland County
Any required court appearances in Oakland 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.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Oakland County Criminal Court locations
Criminal proceedings take place in the Oakland County Criminal Courts. A list of the criminal courts are located here.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Oakland County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
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.
Oakland County Criminal Court Locations
6th Circuit Court – Oakland
Address: 1200 N Telegraph Rd, Dept 413, Pontiac MI 48341
43rd District Court – Ferndale
Address: 305 E Nine Mile Rd, Ferndale MI 48220
Phone: 248-547-8700 Fax: 248-584-2599
43rd District Court – Hazel Park
Address: 111 E Nine Mile Rd, Hazel Park MI 48030
Phone: 248-547-3033 Fax: 248-546-4088
43rd District Court – Madison Heights
Address: 200 W Thirteen Mile Rd, Madison Heights MI 48071
Phone: 248-583-1800 Fax: 248-583-7721
44th District Court – Royal Oak
Address: 400 E Eleven Mile Rd, Royal Oak MI 48067
Phone: 248-246-3600 Fax: 248-246-3601
45th District Court – Oak Park
Address: 13600 Oak Park Blvd, Oak Park MI 48237
Phone: 248-691-7440 Fax: 248-691-7158
46th District Court – Southfield
Address: 26000 Evergreen Rd, Southfield, MI 48076
47th District Court – Farmington Hills
Address: 31605 W Eleven Mile Rd, Farmington Hills MI 48336
Phone: 248-871-2900 Fax: 248-871-2901
48th District Court – Bloomfield Hills
Address: 4280 Telegraph Rd, PO Box 3200, Bloomfield Hills MI 48302
Phone: 248-647-1141 Fax: 248-647-8955
50th District Court – Pontiac
Address: 70 N Saginaw St, Pontiac MI 48342
51st District Court – Waterford
Address: 5100 Civic Center Dr, Waterford MI 48329
Phone: 248-674-4655 Fax: 248-674-4476
52nd District Court – 1st Division
Address: 48150 Grand River Ave, Novi MI 48374
52nd District Court – 2nd Division
Address: 5850 Lorac, Clarkston MI 48346
Phone: 248-625-4880 Fax: 248-625-5602
52nd District Court – 3rd Division
Address: 700 Barclay Circle, Rochester Hills MI 48307
52nd District Court – 4th Division
Address: 520 W Big Beaver Rd, Troy MI 48084
Phone: 248-528-0400 Fax: 248-528-3588