Domestic Violence Charges in Macomb County, Michigan - Lawyer Brian J.
Prain Discusses Some Unique Aspects of How Macomb County Operates.
My name is Brian J. Prain. My firm, Prain Law, PLLC is not just one of those general "criminal defense" practices - we actually concentrate specifically on defending those charged with "Assaultive" crimes, the most common of which are Michigan Domestic Violence charges. Translation: we've handled your case many, many times over. While many lawyers call themselves "Michigan Domestic Violence Lawyer," or the like on the internet, we are aware of NO other firm that actually concentrates on Domestic Violence like we do. We are the real deal. Now let's talk Domestic Violence charges in Macomb County, Michigan.
Today, I want to talk specifically about Domestic Violence charges in Macomb County, Michigan. But if you are facing Domestic Violence charges in Macomb County, instead of reading this article, why not call Prain Law, PLLC anytime at (248) 763-0641 or (844) CRIM-HELP. We'll spend real quality time (1/2 hour plus if needed) answering all your questions personally. It's free and there are no obligations.
You will face Domestic Violence charges in Macomb County, Michigan if you have been accused of violating the Michigan Domestic Violence law, MCL 750.81(2) in any of the following Michigan cites or townships: Sterling Heights, Warren, Mount Clemens, Shelby Twp., Eastpointe, Roseville, New Baltimore, Center Line, Gross Pointe Shores, Utica, St. Clair Shores, Romeo, Chesterfield, or Clinton Twp. Domestic Violence charges in Macomb County are typically "picked up by the State" and prosecuted by the Macomb County Prosecutor's Office, rather than the local City or Township Attorney. The State Prosecutors are tougher and have more rigid "plea deal" policies and red tape.
Perhaps the most notable policy in Macomb County is that of "Deviations." Macomb County, Michigan has standard policies within the Prosecutor's Office about what they will and will not offer as a plea deal in specific types of Domestic Violence charges in Macomb County. What this means is that when you show-up for your Pretrial Conference, the Prosecutor's Office will have a file with your name on it. It may or may not contain a plea offer tailored to your case that has been approved by an upper-level attorney at the Macomb County Prosecutor's Office.
What that offer is, if any, will depend on the severity of your case as applied to their policies. For example, the offer on Domestic Violence charges in Macomb County might be "plead guilty as charged and we will recommend no Jail," or the Michigan Domestic Violence Deferral, MCL 769.4a" (click here for our articles regarding that), or some other offer. If the offer is not acceptable to you at that time, unlike in other Counties, the Assistant Prosecutor in Court has no authority to authorize a better deal; your Michigan Domestic Violence attorney must send a special "Deviation Letter" to the Chief of Operations at the Prosecutor's Office. This letter must be written in a specific fashion to succeed. The timeframe for getting a response is generally very slow, so your Domestic Violence attorney must submit it early and know how to properly ask the Judge to delay your Domestic Violence charges in Macomb County.
Here is a non-exclusive list of other particularities of your Domestic Violence charges in Macomb County, Michigan:
- Some jurisdictions will dismiss Michigan Domestic Violence charges if the alleged victim does not show-up for a Pretrial where they were Subpoenaed. Domestic Violence charges in Macomb County will not be dismissed for their failure to appear. Instead, the Prosecutor will often ask for the case to be "set for Bench Trial (without waiving Jury)." The charges are only dismissed if the alleged victim doesn't appear at a Bench Trial.
- Rather than local Police, certain areas in Macomb County are patrolled by the Macomb County Sheriff's Department (for example, Mt. Clemens). This can be good and bad, but the Detective assigned to your case will generally be easy to work with. The bad side is that they often send too many Deputies to the scene of one incident. Domestic Violence charges in Macomb County usually have a "lag" time in-between accusation and arrest, because they Prosecutor's Office is backed-up.
- Domestic Violence charges in Macomb County are not prosecuted with extreme intensity, compared to some places like Washtenaw County, who have ridiculous policies. Most first-time alleged offenders do not receive Jail in Macomb County. However, Probation is tough and violations are treated seriously. The fact that you have previously been accused (even if not charged) of Domestic Violence in Macomb County may mean that the stakes for you are higher, and you may not be offered the Michigan Domestic Violence Deferral, MCL 769.4a on the basis of even unfounded allegations.