Domestic Violence Charge in 52-1 District Court - Novi Michigan

undefinedWhat, specifically, you can expect when facing a Domestic Violence Charge in 52-1 District Court (Novi, Michigan)?

Domestic violence Charge in 52-1 District Court

A Domestic Violence Charge in 52-1 District Court, (also known as Domestic Assault in Michigan Courts), will require that we hit the ground running! After Arraignment and obtaining all " Discovery" regarding evidence that the State/City has against you, you will face some questions and decisions based on the facts and implications of your case. The decisions you make will determine the direction we move in. Here are a few preliminary matters that are specific and unique to a Domestic Violence charge in 52-1 District Court:

  1. The Domestic charge will likely be prosecuted by the state of Michigan, rather than the City or Township of Novi or the other communities in the 52-1 District Court's jurisdiction. The Prosecutor will be an Assistant County Prosecutor for Oakland County.
  2. Unlike other courts, your accuser will be Subpoenaed to many, if not all Court hearings.
  3. In addition, the accuser may be accompanied by a special "Victim Advocate," from Oakland County, and present at the Domestic Violence Pretrail hearings.
  4. A Domestic Violence charge in 52-1 District Court generally moves along quickly, but they don't have a 'Rocket Docket' like other places (Livingston County, for example).
  5. Some Judges presiding over a Domestic Violence charge in 52-1 District Court have a tendency to order, as a condition of Bond, that any and all firearms that you may have/own, be turned in to the State Police during the pendancy of your Domestic Violence charge in 52-1 District Court. While this is allowable under law, it is more rare in other courts.
  6. Additionally, some Judges presiding over a Domestic Violence charge in 52-1 District Court may put pressure on you to waive your right to a Jury Trial and to elect to be tried before a Judge (known as a Bench Trail) in order to secure a needed adjournment, etc. While the Judges are generally good, we do not recommend this if you are going to Trial.
  7. Before a Trial in a Domestic Violence charge in 52-1 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.
  8. If you are convicted of a Domestic Violence charge in 52-1 District Court, by way ofPlea, there is a standard Sentencing procedure. After a Plea of Guilty or No Contest, you will be interviewed by a Probation Officer of the 52-1 District Court Probation Department. Based on this Presentence Investigation Interview, the Probation Officer will put his/her recommendations in a Presentence Investigation Report.
  9. When it comes to Sentencing for a Domestic Violence charge in 52-1 District Court, here are some unique aspects of the Sentences they give:
    1. Jail is typically reserved for those Domestic Violence cases of an extreme nature, or where the accuser alleges past violence in the relationship.
    2. Probation can be up to 24 months, whereas many Courts cap it at 12 months.
    3. You may be required to attend the 4-step "Batterer's Awareness Program", taking anywhere from 26 to 52 weeks to complete.
    4. You will be required to complete out-patient Substance Abuse Counseling and/or weekly random alcohol/drug testing (at your expense) if alcohol and/or drugs, whether in part or wholly, were involved in your domestic violence case.
    5. MUCH MORE...
Wouldn't it be GREAT to be exonerated, rather than deal with the Jail or Probation terms we've outlined in this article? A Domestic Violence charge in 52-1 District Court can be complicated and is very different from an Assault charge of any other nature. You need an experienced, knowledgeable Domestic Violence Lawyer, because making the right decisions in your defense will make the difference in how you live life, for a long time to come. And your first and biggest choice...? Who you hire!! Facing a Domestic Violence charge in 52-1 District Court? Call the Law Office of Brian J. Prain, ( PRAIN LAW, PLLC) at (248) 731-4543. Don't wait - the quicker you act in your defense of a Domestic Violence charge in 52-1 District Court, the better your chances! You can also contact us by completing the Contact Form below..
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