52-2 District Court Criminal Defense

Navigating the 52-2 District Court in Clarkston, Michigan

If you are facing a legal issue in northwestern Oakland County, your case will likely be handled at the 52-2 District Court. Located at 5850 Lorac Drive, Clarkston, MI 48346, this court serves as a critical entry point into the local justice system for several surrounding communities. Understanding its jurisdiction, procedures, and the types of cases it oversees is the first step toward navigating your legal journey. For official court information, you can visit the 52nd District Court - Division 2 website.

This court's authority extends over the townships of Brandon, Holly, Groveland, Independence, Rose, Springfield, and White Lake, as well as the Villages of Clarkston, Holly, and Ortonville.

The Court's Role in the Michigan Justice System

As a district court, the 52-2 Division is part of the first tier of Michigan's robust trial court system. Michigan's judiciary is structured with district courts handling initial proceedings and limited jurisdiction cases, while circuit courts serve as the general jurisdiction trial courts. The 52-2 District Court holds exclusive jurisdiction over all misdemeanor offenses, which are crimes where the maximum penalty does not exceed one year in jail.

For more serious felony charges, offenses punishable by more than one year of incarceration, this court conducts crucial preliminary examinations. During this phase, the judge determines if there is sufficient probable cause to believe a crime was committed and that the defendant committed it. If probable cause is found, the case is then transferred to the 6th Circuit Court, Oakland County's general jurisdiction court, located at 1200 N. Telegraph Road in Pontiac, for trial and final disposition.

The 52-2 District Court is presided over by two highly respected judges, the Honorable Joseph G. Fabrizio and the Honorable Kelley Kostin, who are known for being tough but fair. Judge Kostin, in particular, has a reputation for strictness in OWI/DUI and domestic violence cases, though she also demonstrates compassion for remorseful defendants. They are supported by three part-time magistrates who handle initial arraignments, traffic violations, civil infractions, and small claims matters.

Types of Cases Handled at the 52-2 District Court

The court manages a busy docket across four primary divisions: Criminal, Traffic, Civil, and Probation.

Criminal Charges:

The court has exclusive jurisdiction over all local misdemeanor offenses. Common misdemeanor cases handled include:

• Drunk driving (Operating While Intoxicated / OWI/DUI)
• Domestic violence
• Retail fraud (shoplifting)
• Possession of drugs (misdemeanor amounts)
• Assault and battery
• Disorderly person offenses
• Obstructing a police officer
• Driving while license suspended (DWLS)
• Probation violations

The 52-2 District Court is also the starting point for all felony cases, where it holds preliminary examinations for serious charges such as:

• Drug offenses (felony level)
• Third-offense drunk driving
• Identity theft
• Fraudulent use of a credit card
• Rape
• Murder

If probable cause is established during the preliminary examination, these felony cases are bound over to the 6th Circuit Court for trial.

Traffic Tickets:

This division processes a high volume of traffic-related offenses, including waiveable violations, speeding tickets, license and registration violations, and other general driving infractions that carry points, fines, and potential license sanctions.

Civil and Landlord-Tenant Matters:

The court has exclusive jurisdiction over civil disputes where the amount in question does not exceed $25,000. This includes small claims, general civil actions, contract disputes, landlord-tenant eviction proceedings, land contract forfeitures, garnishments, and executions. It also hears civil cases exceeding $25,000 when specifically assigned by the 6th Circuit Court.

Law Enforcement and Prosecutors

Cases heard in this court are initiated by various local and county law enforcement agencies operating within the court's jurisdiction. These commonly include:

• The Oakland County Sheriff's Office (based in Pontiac)
• The Holly Police Department
• The Michigan State Police, primarily from the District 2 Headquarters (Metro North Post in Oak Park)
• The White Lake Police Department

Once a charge is filed, the case is prosecuted by an attorney representing the specific municipality where the alleged offense occurred, or by the Oakland County Prosecutor's Office for more serious matters. Each township and village within the 52-2 District Court's jurisdiction has a designated prosecutor who regularly works with the judges and staff.

Specific prosecuting attorneys include:

• Independence Township: Nicholas Castro
• Brandon Township: Peter Keenan, Stuart Cooney
• White Lake Township / Holly Township: Lisa Hamameh
• Springfield Township: John Kummer
• Groveland Township: Will Hosler
• Rose Township: John Mulvihill
• Village of Clarkston: Kristin Kolb
• Village of Holly / Village of Ortonville: Michael Gildner, Christopher Stritmatter

The Oakland County Prosecutor's Office can be reached at 248-858-0656.

Arrests, Jail, and Bond Information

If an arrest is made within the 52-2 District Court's jurisdiction, the individual is typically transported to the Oakland County Jail, a maximum-security facility located at 1201 N. Telegraph Road in Pontiac. This is the primary detention center for defendants awaiting court proceedings or serving short sentences.

Posting bond depends on the amount and timing. Bail bonds under $10,000 can be paid 24 hours a day, 7 days a week directly at the Oakland County Jail. However, for bond amounts of $10,000 or more, payment must be made at the 52-2 District Court's clerk's office during regular business hours. Acceptable forms of payment at the courthouse include cash, credit card, or a cashier's check. Alternatively, a licensed bail bondsman can be utilized for any bond amount. For felony convictions that carry penalties exceeding one year, sentencing may lead to incarceration in a state prison after the case proceeds to the 6th Circuit Court.

Unique Court Procedures and Programs

The 52-2 District Court has several specific procedures and innovative problem-solving programs designed to address the root causes of criminal behavior and offer alternatives to traditional punitive sentencing:

Specialty Courts:

The court is recognized for its dedicated problem-solving dockets, which offer treatment-focused alternatives through a collaborative team approach. These include:

• Sobriety Court Program: Established in 2004 for high-risk drunk driving offenders, this program is certified by the State Court Administrative Office of Michigan (SCAO) and provides intensive supervision, treatment, and support.
• Mental Health Court: Established in 2022, this court links individuals with serious mental illness, emotional disturbance, or developmental disorders to appropriate treatment and community support services.
• North Oakland Veterans Treatment Court: Established in 2014 as a collaborative effort with the 50th and 51st District Courts, this program specifically addresses mental health and substance abuse issues in veterans who have entered the criminal justice system.

The court also actively participates in the Oakland County Teen Court Program, providing diversion opportunities for youth.

Diversionary Programs:

For eligible defendants, particularly first-time offenders, the court offers several diversionary programs aimed at rehabilitation and avoiding a permanent criminal record. These include the Holmes Youthful Trainee Act (HYTA), which can lead to the dismissal of charges for qualified young adults, and the 769.4a deferral for domestic violence cases, where successful completion of probation can result in the charge not appearing as a conviction on a public record.

Court Operations:

The 52-2 District Court is a MiFILE court, which means all parties are required to e-file for Civil and Landlord-Tenant matters via mifile.courts.michigan.gov. Hearings may be conducted in person or remotely via video conference, depending on the schedule and case type. It is important for defendants to note that for criminal cases, requests for adjournments can only be granted by the prosecuting attorney, not directly by court staff. Fines, costs, restitution, and cost recovery are generally due at the time of sentencing for criminal matters. Any restitution payments mandated by the court must be made in cash only.