39th District Court Criminal Defense

Navigating the 39th District Court: A Guide for Roseville and Fraser

If you are facing criminal charges or a serious traffic violation in Roseville or Fraser, your case will begin in the 39th District Court. Understanding the court's location, jurisdiction, and procedures is a critical first step in navigating the legal process, and securing experienced legal counsel as early as possible is paramount.

The 39th District Court is located at 29733 Gratiot Avenue, Roseville, MI 48066. Although the court serves both the cities of Roseville and Fraser, all court services and hearings are held at this single Roseville location. For more information, you can visit the official 39th District Court website.

Michigan's Court System: The Role of the District Court

In Michigan's tiered court system, the District Court is the court of limited jurisdiction where most criminal cases originate. It handles the initial stages of all adult criminal matters for offenses that allegedly occurred within its specific geographical boundaries of Roseville and Fraser.

For less serious offenses, known as misdemeanors (crimes punishable by no more than one year in jail and/or a fine), the District Court has full authority to handle the case from beginning to end. This comprehensive process includes:

• Arraignment: Where charges are formally presented, rights are explained, and bond is set.
• Pretrial Conferences: Meetings between the prosecutor and defense to discuss potential resolutions or trial strategy.
• Motions Hearings: Where legal arguments are presented to the judge on specific issues.
• Bench or Jury Trial: The determination of guilt or innocence.
• Sentencing: If convicted, the imposition of penalties.

For more serious crimes, classified as felonies (offenses punishable by more than one year in state prison), the 39th District Court's role is limited to the initial phases. This includes:

• Arraignment on a Warrant: Where charges are formally presented, the defendant is advised of their rights, and a critical bond decision is made by the judge, which dictates whether an individual remains jailed or is released pending further proceedings.
• Preliminary Examination Conference (PEC): A hearing to discuss the case and potentially resolve it before the preliminary examination.
• Preliminary Examination (Probable Cause Hearing): This is a crucial hearing where the prosecutor must present enough evidence to convince the judge that there is probable cause to believe a felony was committed and that the defendant committed it. The defense has the opportunity to cross-examine witnesses and present arguments. This is often the first opportunity for the defense to hear the prosecution's evidence and assess the strength of the case.

If the judge finds probable cause, the case is "bound over," or transferred, to the Macomb County Circuit Court in Mt. Clemens for trial, as Circuit Courts hold original jurisdiction over all felony matters.

Cases Handled at the 39th District Court

The judges of the 39th District Court preside over a wide array of cases originating in Roseville and Fraser, including:

• Criminal Misdemeanors:

  These are the most common criminal cases, including but not limited to:

  • Operating While Intoxicated (OWI) or Operating While Visibly Impaired (OWVI): Commonly known as "drunk driving."
  • Driving While License Suspended (DWLS): Driving without a valid license.
  • Domestic Violence: Assault and battery against a family or household member (can be a felony if prior convictions exist).
  • Assault and Battery: Physical assault.
  • Retail Fraud: Shoplifting (can be a felony depending on the value of goods or prior convictions).
  • Drug Possession: Often for marijuana or certain controlled substances in smaller quantities.
  • Minor in Possession of Alcohol (MIP).
  • Disorderly Conduct.
• Felony Preliminary Examinations: All felony cases, from drug offenses and theft crimes to charges of violence and serious assault, begin in the 39th District Court before potentially moving to the Macomb County Circuit Court for a full trial.
• Traffic Violations and Civil Infractions: The court handles tickets for speeding, illegal turns, improper equipment, and other non-criminal traffic offenses. These can still lead to points on your license and increased insurance premiums.
• Local Ordinance Violations: Cases involving violations of city-specific rules and regulations, such as noise complaints, zoning issues, or property maintenance.
• Landlord-Tenant Disputes and Small Claims: The court also has a civil division that presides over eviction proceedings and civil lawsuits where the amount in dispute is up to $7,000 for general civil cases and up to $25,000 for small claims cases.

The court's criminal and traffic dockets are particularly busy, with hearings scheduled multiple days a week. Notably, Roseville has reported a high number of retail fraud cases compared to the rest of Macomb County.

Key Local and County Contacts

When a person is arrested in Roseville or Fraser, they will interact with several key local and county agencies:

• Local Police Departments:

  The Roseville Police Department (29750 Gratiot Avenue, Roseville, MI 48066) and the Fraser Department of Public Safety (33000 Garfield Road, Fraser, MI 48026) are the primary law enforcement agencies that make arrests and issue tickets within the court's jurisdiction.

• Michigan State Police:

  The Michigan State Police from the Metro North Post, which serves Macomb County, may also be involved in arrests and investigations for cases originating in Roseville and Fraser.

• Prosecuting Attorney's Office:
  • For felony cases and serious misdemeanor matters, the Macomb County Prosecutor's Office (40 N. Main, Mt. Clemens, MI 48043) is responsible for authorizing charges and handling the case on behalf of the state.
  • For most misdemeanor offenses and local ordinance violations, cases originating from Roseville are typically prosecuted by the Roseville City Attorney's Office, and cases from Fraser by the Fraser City Attorney's Office. The specific prosecutor handling your case will depend on the nature and location of the alleged offense.
• Macomb County Jail:

  If an individual is arrested and not released on bond, they will be held at the Macomb County Jail, located at 43565 Elizabeth Street, Mt. Clemens, MI, 48036. This facility is managed by the Macomb County Sheriff's Office. It is distinct from the nearest state prison, the Macomb Correctional Facility, which is for individuals sentenced to prison terms after being convicted, typically of a felony.

What to Expect at the 39th District Court

When appearing in court, it is important to be aware of the specific rules and procedures. Proper attire (e.g., business casual, no hats, no shorts) is strictly required to show respect for the court, and all individuals are subject to a security screening upon entry. Prohibited items include weapons, sharp objects, food, and drink. While cell phones are generally permitted in the courthouse, their use is restricted inside courtrooms; generally, no recording of proceedings is allowed, and phones should be silenced.

Court hours are Monday through Friday, from 8:00 a.m. to 4:30 p.m., though the doors are locked and counter service stops promptly at 4:15 p.m. Be aware that the court staff often participate in "Casual Fridays" as part of a charitable initiative.

For those needing to post bond, it can be paid at the courthouse during business hours. After 4:30 p.m. on weekdays or on weekends and holidays, bond can typically be posted at the Roseville Police Department or Fraser Department of Public Safety, depending on where the arrest occurred or where the bond was set. The specific form of payment required (e.g., cash, surety bond, 10% cash bond) will be explicitly stated in the judge's bond order. While cash is always an accepted form of payment for a cash bond, the requirement to pay only with cash for specific situations like a suspended license or a bench warrant is not a universal rule; rather, it depends on the precise conditions set by the judge in the bond order to ensure compliance or appearance. Always confirm the exact bond amount and type with the court clerk or the holding agency.