88th District Court Criminal Defense

Your Guide to the 88th District Court in Alpena & Montmorency Counties

If you are facing a legal issue in Alpena or Montmorency County, your case will almost certainly begin in the 88th District Court. Understanding this court's specific functions and location is a critical first step in navigating the local justice system, as it dictates initial proceedings, timelines, and jurisdictional limits. As a criminal defense attorney practicing in this area, I've created this guide to provide clear, essential information for those who find themselves involved with this court. Engaging legal counsel early in this process is always advisable.

Where is the 88th District Court Located?

The 88th District Court serves two distinct communities and maintains a courthouse in each county:

• Alpena County Office: 719 W Chisholm Street, Suite 3, Alpena, MI 49707.
• Montmorency County Office: 12265 M-32, Atlanta, MI 49709.

These locations are hubs of legal activity. The Alpena County Prosecutor's Office, led by Cynthia Muszynski, is conveniently located in the same County Annex Building as the court. Similarly, the Montmorency County Prosecutor's Office, under Vicki P. Kundinger, shares its address with the courthouse in Atlanta. This proximity means that prosecutors, law enforcement, and court personnel are in constant communication regarding the cases that move through the system, underscoring the need for a diligent and prepared defense. The two presiding judges for the 88th District Court are currently Hon. Thomas M. LaCross and Hon. Jason R. Power.

The Role of the 88th District Court in Michigan's Court System

In Michigan's judicial structure, district courts are the entry point for nearly all legal matters. The 88th District Court has limited jurisdiction, meaning it handles specific types of cases up to certain penalty thresholds. All adult criminal proceedings, regardless of severity, start here.

For serious felony charges (offenses punishable by more than one year in prison), the district court conducts initial proceedings. These typically include an arraignment on the warrant (where charges are formally read and bond is set), a probable cause conference, and a preliminary examination. During the preliminary examination, the court determines if there is "sufficient evidence" (also known as probable cause) to believe a crime was committed and that the defendant committed it. If sufficient evidence is found, the case is then "bound over" or transferred to the 26th Circuit Court for further proceedings, including arraignment on the information, plea negotiations, and trial.

For misdemeanor charges (offenses punishable by up to one year in jail), the 88th District Court has full jurisdiction to handle the entire case, from arraignment through pre-trial conferences, plea negotiations, trial, sentencing, and probation supervision.

Appeals from final decisions in the 88th District Court are also handled by the 26th Circuit Court, which serves both Alpena and Montmorency counties. This relationship establishes a clear legal hierarchy for residents of the area.

Types of Criminal Charges, Traffic Tickets, and Local Cases

The court is organized to handle a wide range of local legal issues affecting residents of Alpena and Montmorency. The cases it handles fall into three main categories:

• Criminal Cases: The court has jurisdiction over all adult misdemeanor offenses punishable by up to one year in jail and/or a fine. Common examples include OWI (Operating While Intoxicated or drunk driving), domestic violence, retail fraud (theft), assault and battery, and various drug possession offenses. The court handles all stages of these cases, including setting bail, conducting trials, and imposing sentences, which can include jail time, probation, fines, and community service. The court also issues arrest and search warrants. For felony charges, the court's role is to conduct the initial proceedings as described above, determining if the case should proceed to the Circuit Court.
• Traffic Cases: The court's Traffic Division processes all civil infractions, such as speeding tickets, running stop signs, and other non-criminal moving violations. However, more serious driving offenses that are classified as misdemeanors (e.g., OWI, driving while license suspended (DWLS), reckless driving) are handled under the court's criminal jurisdiction, subject to potential jail time and other criminal penalties.
• Civil Cases: The court handles general civil lawsuits where the amount in dispute is $25,000 or less, small claims cases up to $7,000 (note: Michigan's small claims limit was updated to $7,000 effective January 1, 2024), and landlord-tenant disputes such as eviction proceedings and disputes over property.

What Makes the 88th District Court Specific to Alpena and Montmorency?

This court is deeply connected to the local communities it serves. Law enforcement agencies that bring cases to the court include the Alpena City Police, the Alpena and Montmorency County Sheriff's Departments, and the Michigan State Police Alpena Post, which covers both counties. Other agencies such as Michigan DNR, conservation officers, and local township police may also bring cases.

A unique feature of this court is its 88th District Court Drug and Alcohol Sobriety Court, a specialty docket designed to provide intensive supervision and treatment for high-risk offenders whose crimes are linked to substance abuse. This program reflects a commitment to addressing the root causes of crime within the community and offers eligible participants a structured path to recovery, often resulting in reduced or dismissed charges, and an alternative to incarceration.

For those appearing in court, it is important to know that the County Building, like all Michigan courthouses, is a weapons-free zone. Weapons are prohibited, even if you have a concealed weapons permit. All visitors are subject to security screening upon entry.

If incarceration is ordered for a misdemeanor or if a defendant is held pending felony proceedings, individuals are typically held at the Alpena County Jail, which serves both counties, as Montmorency County does not maintain a facility for long-term detention.

For official schedules, contact information, and forms, please visit the official 88th District Court website.