Criminal Defense Attorney Commerce Charter Township

If you or a family member has been charged with a crime in Commerce Charter Township, you are likely facing a complex legal process within the Oakland County court system. Understanding the specific court venues, the officials involved, and the potential penalties under Michigan law is a critical first step in building a defense. At Mamat Law, we provide legal counsel to individuals facing misdemeanors and felonies, ensuring they understand their rights and the procedural steps ahead.

Criminal charges in this jurisdiction range from traffic-related offenses like Operating While Intoxicated (OWI) to more serious allegations involving domestic violence or retail fraud. The outcome of these cases is often determined by the specific evidence gathered by local law enforcement and the legal strategies employed during pre-trial motions and hearings. Prompt legal action can significantly impact the trajectory of your case.

Commerce Charter Township Court Jurisdiction

Criminal cases originating in Commerce Charter Township are processed through the 52-1 District Court. This court handles the arraignment, pre-trial, and trial stages for all misdemeanors. For felony charges, the 52-1 District Court handles the initial arraignment and the preliminary examination. If a felony case is bound over for trial, it moves to the Oakland County Circuit Court.

The 52-1 District Court is located at 48150 Grand River Ave, Novi, MI 48374, and serves Commerce Township, Walled Lake, Wixom, and surrounding areas. It is known for maintaining strict procedural standards. The Oakland County Prosecutor's Office handles all criminal prosecutions in this court. The judges presiding over this court are:

• Judge Robert Bondy (Chief Judge)
• Judge Travis Reeds
• Judge David Law

This court processes a high volume of cases involving alcohol and drug enforcement. The judges here frequently utilize probation departments to enforce testing and monitoring requirements for defendants on bond and often impose strict conditions for release.

Law Enforcement in Commerce Township

Commerce Charter Township does not have its own independent municipal police department. Instead, it contracts with the Oakland County Sheriff’s Office for law enforcement services. The dedicated substation for the township is located on Township Drive.

Because the Oakland County Sheriff’s Office is a large agency, they often have specialized units for traffic enforcement, narcotics, and computer crimes. Reports and evidence cited in criminal complaints will originate from deputies assigned to this substation. When Mamat Law reviews a case, we request all body camera footage, dashcam video, and incident reports directly from the Sheriff’s Office to verify the accuracy of the allegations and ensure all constitutional protocols were followed.

Common Criminal Charges and Penalties

The following sections outline specific Michigan statutes that are frequently charged in Commerce Township. Understanding the statutory maximums can help defendants realistically assess their situation and the potential severity of their charges.

Operating While Intoxicated (OWI)

Under Michigan Compiled Laws (MCL) 257.625, Operating While Intoxicated is one of the most common offenses in Oakland County. A person can be charged if they operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or if their ability to drive is visibly impaired by any substance (Operating While Visibly Impaired - OWVI).

Domestic Violence

Domestic violence charges under MCL 750.81 involve an assault or assault and battery against a spouse, former spouse, dating partner, or person residing in the same household. These cases are unique because the prosecutor may proceed even if the accuser wishes to drop the charges, as the state is considered the victim.

A first offense is a misdemeanor punishable by up to 93 days in jail and/or a $500 fine. A second offense carries a penalty of up to one year in jail and/or a $1,000 fine. A third or subsequent offense can be charged as a felony, punishable by up to 5 years in prison. Michigan law allows for a deferral program under MCL 769.4a for first-time offenders, which allows the conviction to be kept off the public record upon successful completion of probation. This status is not automatic and must be negotiated with the court and prosecution. Defendants in domestic violence cases often face bond conditions such as "no contact" orders, mandatory alcohol testing, and anger management evaluations.

Retail Fraud (Shoplifting)

Retail fraud is the legal term for shoplifting in Michigan. It is categorized by degrees based on the value of the property stolen or the difference in price resulting from a fraudulent exchange. These charges also encompass actions like altering price tags or using false pretenses to obtain merchandise.

• First Degree Retail Fraud (MCL 750.356c) (Felony): Involves property valued at $1,000 or more, or property valued at $200 or more with a prior retail fraud conviction. Punishable by up to 5 years in prison and/or a fine of up to $10,000 or three times the value of the property, whichever is greater.
• Second Degree Retail Fraud (MCL 750.356d(4)) (Misdemeanor): Involves property valued between $200 and $1,000, or property valued at less than $200 with a prior retail fraud conviction. Punishable by up to 1 year in jail and/or a fine of up to $2,000 or three times the value of the property, whichever is greater.
• Third Degree Retail Fraud (MCL 750.356d(5)) (Misdemeanor): Involves property valued at less than $200. Punishable by up to 93 days in jail and/or a fine of up to $500 or three times the value of the property, whichever is greater.

The Defense Process at Mamat Law

Successfully defending against criminal charges requires a methodical examination of the evidence. At Mamat Law, we investigate whether law enforcement followed constitutional protocols during the stop, search, and arrest. Our approach is to challenge every element of the prosecution's case.

For OWI cases, this often involves analyzing the calibration logs of the Datamaster breathalyzer machine, the qualifications of the breath test operator, the chain of custody for blood samples, and the administration of Field Sobriety Tests. In assault or theft cases, it involves scrutinizing witness statements, surveillance footage, and forensic evidence for inconsistencies or legal infirmities. We represent clients at all stages of the legal process, including:

• Arraignment: Arguing for a reasonable bond to secure release from custody and challenging any overly restrictive bond conditions.
• Pre-Trial Conferences: Negotiating with the Oakland County Prosecutor’s Office regarding plea offers, sentence agreements, or evidentiary issues.
• Preliminary Examinations: For felony cases, challenging the probable cause in District Court to determine if the case should proceed to Circuit Court.
• Evidentiary Hearings: Filing motions to suppress evidence obtained illegally or to challenge the admissibility of certain evidence.
• Trial: Presenting the defense case to a judge or jury in the 52-1 District Court (for misdemeanors) or the Oakland County Circuit Court (for felonies).
• Sentencing and Probation: Advocating for favorable sentencing outcomes, including alternative sentencing, and assisting with probation compliance.

Navigating the criminal justice system in Oakland County demands a clear understanding of both the written law and the unwritten procedures of the local courts. Our firm focuses on providing the rigorous legal work necessary to protect our clients' records and liberties.