42-1 District Court Criminal Defense

Navigating the 42-1 District Court in Macomb County

If you are facing a legal matter in northern Macomb County, your case will likely be heard at the 42-1 District Court. This court is a central part of the local justice system, handling a wide range of cases from traffic violations to the initial stages of serious criminal charges. Understanding the court's location, jurisdiction, and the types of cases it presides over is the first step in navigating your legal journey.

Court Location and Jurisdiction

The 42-1 District Court is located at 14713 33 Mile Road, Romeo, MI 48065. Its jurisdiction covers a significant portion of northern Macomb County, including Romeo, Washington Township, Armada, Richmond, and the townships of Bruce, Ray, and Armada. This geographic area is a mix of suburban and rural communities, and the court addresses the legal needs of all residents within these boundaries. The law enforcement agencies that bring cases to this court include the Macomb County Sheriff's Department (which patrols Bruce, Ray, Washington, and Armada Townships), the Michigan State Police, and local police departments from Romeo and Richmond.

Types of Cases Handled

The 42-1 District Court is a court of limited jurisdiction, meaning it handles specific types of legal matters as defined by Michigan law. As a district court, it is often referred to as "the people's court" because it is the court with which most people will have contact. The majority of cases heard at the 42-1 District Court involve traffic tickets and civil infractions. It is important to note that civil infractions, while carrying fines and points on a driving record, are not considered criminal offenses.

In addition to traffic matters, the court presides over all misdemeanor criminal cases. Misdemeanors are offenses for which the maximum penalty is one year or less in jail, along with potential fines, probation, community service, and other court-ordered conditions. Common misdemeanor cases heard in this court include:

• Driving Under the Influence (DUI/OWI): In Michigan, this is legally referred to as Operating While Intoxicated (OWI), and can include impaired driving by alcohol or drugs.
• Domestic Violence: Often charged under MCL 750.81(2) in Michigan.
• Retail Fraud (shoplifting): Can range from Third Degree (misdemeanor) to First Degree (felony), depending on the value of the merchandise or prior convictions.
• Assault and Battery: General misdemeanor assault, often charged under MCL 750.81.
• Driving with a Suspended License: Operating a vehicle while one's driver's license is suspended or revoked (OWLS).
• Reckless Driving: Operating a vehicle in willful or wanton disregard for the safety of persons or property.

The court also plays a crucial role in felony cases, which are more serious crimes punishable by more than a year in prison. For felonies, the 42-1 District Court handles the initial stages of the legal process. These stages typically include:

• Arraignment: Where charges are formally read, the defendant is advised of their rights, and an initial bond is set by the judge. Bond conditions can be rigorous, including no alcohol/drugs, ignition interlock devices (tether), or no-contact orders.
• Preliminary Examination (Preliminary Exam/Probable Cause Hearing): This is a critical hearing where the prosecutor must present enough evidence to convince the judge there is probable cause to believe a crime was committed and that the defendant committed it. The judge does not determine guilt or innocence at this stage, only whether there is sufficient evidence for the case to proceed to the Macomb County Circuit Court. If probable cause is found, the case is "bound over" to the Circuit Court.

Furthermore, the 42-1 District Court handles civil cases where the amount in dispute is $25,000 or less. This includes landlord-tenant disputes and other small claims matters. Small claims court is a specific division designed for civil disputes involving $7,000 or less, where parties typically represent themselves without attorneys.

The 42-1 District Court in the Michigan Court System

Michigan's court system has a hierarchical structure, and the district courts serve as the entry point for most legal disputes. The 42-1 District Court is one of over 100 district courts throughout the state. Cases that originate in the 42-1 District Court may, in some instances, be appealed to the Macomb County Circuit Court. As mentioned, felony cases that are not resolved at the district court level (e.g., through a plea to a misdemeanor or dismissal) and for which probable cause is found at the preliminary examination, will be transferred (bound over) to the Macomb County Circuit Court for further proceedings and trial.

For more detailed information, including court dockets and online ticket payment options, please visit the official 42-1 District Court website.