28th District Court Criminal Defense

Navigating the 28th District Court in Southgate, Michigan

If you're facing criminal charges, a traffic ticket, or a civil dispute in Southgate, Michigan, your case will be handled at the 28th District Court. Understanding the specifics of this courthouse and the broader Wayne County legal landscape is the critical first step in navigating the local legal system effectively.

Court Location and Jurisdiction

The 28th District Court is conveniently located at 14720 Reaume Parkway, Southgate, Michigan 48195. It is situated within the Southgate municipal complex, directly adjacent to the Southgate Police Department. This close proximity can mean a short transfer for individuals arrested and held by Southgate PD for their initial appearance before the court. The 28th District Court holds exclusive jurisdiction over all legal matters arising within the geographical city limits of Southgate, Michigan.

Types of Cases Handled

As a district court in Michigan's unified judicial system, the 28th District Court is a court of limited jurisdiction. This means it handles the initial phases of all criminal proceedings and the entirety of other, less serious cases. The types of cases heard here include:

• Criminal Misdemeanors: These are offenses that carry a maximum penalty of up to one year in jail and/or substantial fines. Unlike felonies, misdemeanor cases are entirely adjudicated and resolved (from arraignment to sentencing, and potential trial) within the District Court.
• Felony Preliminary Examinations: For more serious crimes (felonies), the 28th District Court conducts the initial hearings to determine if there is sufficient "probable cause" to believe that a felony was committed and that the defendant committed it. These preliminary examinations are a critical stage for the defense, as they offer the first opportunity to challenge the prosecution's evidence and often lead to bind-over to the Wayne County Circuit Court for trial.
• Traffic Offenses: This broad category includes both civil infractions (non-criminal offenses like speeding tickets or disobeying a stop sign) and misdemeanor traffic violations (such as Operating While Intoxicated - OWI, Driving While License Suspended - DWLS, or Reckless Driving).
• General Civil Disputes: The court presides over civil cases where the amount in controversy is limited. This includes general civil lawsuits where the damages sought do not exceed $25,000. The court also handles Landlord-Tenant disputes (e.g., evictions) and Small Claims cases (disputes up to $7,000 where parties typically represent themselves without attorneys).

The 28th District Court is also equipped to manage cases involving specific state laws and specialized programs that offer alternative dispositions or treatment-focused approaches:

• MCL 333.7411 (7411 Deferral): This provision allows for the deferral of proceedings for certain first-time drug offenders, often leading to dismissal of charges upon successful completion of probation, drug counseling, and other court-ordered conditions, thereby avoiding a permanent criminal conviction on their public record.
• Holmes Youthful Trainee Act (HYTA): Available to eligible young offenders (generally those who committed a crime between their 17th and 24th birthdays), HYTA allows for the setting aside of a conviction and avoidance of a public criminal record upon successful completion of a probationary period and any other court-ordered terms.
• Minors in Possession (MIP) of Alcohol: The court handles offenses related to individuals under 21 possessing or consuming alcohol. A first offense is typically a civil infraction, but subsequent offenses can be charged as misdemeanors.
• Veterans Court Program: This specialized program offers a structured, supportive environment for eligible veterans who are involved in the criminal justice system. It focuses on rehabilitation, treatment for issues like PTSD or substance abuse, and connecting veterans with necessary services, often aiming to reduce recidivism and avoid incarceration.

The Local Legal Process

Understanding the flow of a criminal case, from arrest to potential resolution, is crucial.

Arrest and Detention:

Individuals arrested by the Southgate Police Department for alleged offenses within the city limits are typically processed and initially held at the Southgate City Jail, a short-term holding facility located directly at 14710 Reaume Parkway. This facility is used for temporary detention for booking, processing, and holding individuals awaiting their initial court appearance (arraignment).

If bond is not posted following arraignment, or for individuals facing more serious charges, they will generally be transferred to a Wayne County jail facility, which is operated by the Wayne County Sheriff's Office (e.g., the Andrew C. Baird Detention Facility). For those convicted of serious felonies, sentences will be served in a state prison managed by the Michigan Department of Corrections (MDOC).

Arraignment and Bond:

The arraignment is the defendant's first appearance before a judge, where they are informed of the charges against them and their constitutional rights, including the right to an attorney. A critical aspect of the arraignment is the determination of bond (or bail). The judge will decide conditions for pretrial release, which could range from release on personal recognizance (a promise to appear), a cash or surety bond (requiring money to be posted), or a 10% bond (where 10% of the bond amount is posted).

Both the prosecution and the defense have the right to argue for specific bond conditions. The judge's decision on bond is based on factors such as the seriousness of the alleged offense, the defendant's criminal history, flight risk, community ties, and public safety concerns. Information regarding specific local practices for bonds, which can vary, may be found on the 28th District Court's official website. In Wayne County, it is very common for conditions of pretrial release or probation to include GPS tether monitoring, alcohol/drug testing, no-contact orders, or travel restrictions.

Prosecution:

Criminal cases in the 28th District Court are prosecuted by the Wayne County Prosecutor's Office, currently led by Prosecuting Attorney Kym L. Worthy. Dedicated Assistant Prosecuting Attorneys (APAs) from this office are assigned to handle misdemeanor trials, traffic cases, and felony preliminary examinations specifically at the 28th District Court, and are responsible for negotiating plea agreements or proceeding to trial.

Defense Counsel:

Navigating the criminal justice system, especially in Wayne County, is complex and highly adversarial. It is imperative for anyone facing charges to seek qualified legal representation. Defendants have a constitutional right to an attorney. If a defendant cannot afford private counsel, and the charges carry potential jail time, the court will appoint an attorney through the Wayne County indigent defense system. However, securing a private criminal defense attorney specializing in Michigan law, and with experience in the 28th District Court and Wayne County, can significantly impact the outcome of a case by providing personalized advocacy and expert guidance through every stage of the process.

Court Procedures:

A notable procedural distinction lies in the handling of felony cases. While they commence at the district court level for preliminary examinations, if probable cause is found, the case is "bound over" to the Wayne County Circuit Court. This means the case is transferred to the Frank Murphy Hall of Justice in Detroit for all subsequent proceedings, including further arraignment (on information), pre-trial conferences, motion hearings, and ultimately, trial. Misdemeanor and civil infraction cases, however, remain and are resolved within the 28th District Court.

For comprehensive information, including court dockets, payment options, and local rules, please visit the official 28th District Court website.