Domestic Violence Charges in the 35th District Court Plymouth - Michigan Domestic Violence Defense Attorney Brian J. Prain Talks About DV Charges in Plymouth, Michigan.
Facing Domestic Violence charges in the 35th District Court Plymouth Michigan? A Domestic Violence charge is also properly called Domestic Assault. At the outset, after Arraignment and obtaining Discovery of whatever evidence the State has against you, you will face the same basic decision as anywhere else: "Will I go to Trial or take a Plea?" [click here for our article on how that decision is made.] Either way, if you are facing a Domestic Violence Charge in the 35th District Court in Plymouth, Michigan, you should immediately contact an experienced Michigan Domestic Violence Lawyer.
Here are a few preliminary matters that are specific and unique to Domestic Violence Charges in the 35th District Court in Plymouth, Michigan:
- The Domestic Violence charge will likely be prosecuted by the State of Michigan, rather than whichever local City or Township you were arrested by. The Prosecutor will be an Assistant Wayne County Prosecutor, and they switch Courts often.
- Unlike in some other Courts, your accuser will be Subpoenaed to nearly every Court hearing, if not every Court hearing.
- In addition to the accuser, and also contrary to many Courts, a special "Victim Advocate" from the Wayne County Prosecutor's Office will be present at the Domestic Violence pretrial hearings.
- Domestic Violence charges in the 35th District Court in Plymouth, Michigan move along relatively fast, but they don't have a "Rocket Docket" like other places, such as in Livingston County, for example.
- Some Judges at the 35th District Court in Plymouth have a tendency to order, as a condition of Bond, that any and all firearms you may have be turned-in to the State Police during the pendancy of your Domestic Violence charges in the 35th District Court. While this is allowable under law, it is rare in other Courts.
- Some Judges at the 35th District Court in Plymouth may put pressure on you to Waive your right to a Jury Trial and elect to be tried before the Judge (i.e. in order to secure a needed adjournment, etc.). While the Judges are generally good, we do not recommend this if you are actually going to have a Trial.
- Before a Trial on Domestic Violence charges in the 35th District Court, the Court will issue a special Pretrial Order and may require you to state your theory of your defense and submit proposed Jury Instructions. If there will be a Jury Trial, a special "Trial Management Conference" is generally required. This does not typically happen in other Courts.
- If you are convicted of Domestic Violence charges in the 35th District Court in Plymouth, Michigan by way of a Plea, there is a unique Sentencing procedure. After the Plea of Guilty or No Contest, you will be interviewed (usually on the day of Sentencing) by a Probation Officer of the 35th District Court Probation Department. Based on this Presentence Investigation Interview, the Probation Officer puts her recommendations in a Presentence Investigation Report. If you and your Michigan Domestic Violence Attorney do not object to the recommendation, you do not need to appear before the Judge for Sentencing. The Court calls this "Non-Traditional Sentencing." If you DO object, those objections can be raised before the Judge.
- When it comes to Sentencing for Domestic Violence charges in the 35th District Court, here are some unique aspects of the Sentences they give:
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- Jail is typically reserved for those DV cases of an extreme nature, or where the accuser alleges past violence in the relationship.
- Probation can be up to 24 months, whereas many Courts cap it at 12.
- You may be required to attend the 4-step "Batterer's Awareness Program" at ETRS in Livonia or elsewhere. It can take either 26 or 52 weeks. There are other things you must know about these programs.
- MUCH MORE.
Still reading? Wouldn't it be great to be exonerated, rather than deal with Jail or Probation terms like the above? Domestic Violence charges in the 35th District Court Plymouth Michigan can be complicated and are quite different from a regular Assault case. You need a knowledgeable Domestic Violence Defense Lawyer, because making the right choice can save your freedom and future. Call Prain Law, PLLC anytime at (248) 731-4543. Don’t wait – the quicker you act, the better your chances! You can also fill-out the Contact Form.