The first hearing in any criminal case is for the defendant to be arraigned, even at a Macomb County Circuit Court, which will occur after an arraignment and probable cause hearing at a Macomb County District Court. If the charge is a felony, the Macomb County District Court can only set and accept bail and hear the preliminary hearing. The Macomb County District Court can only entertain a plea of not guilty for felony charges. Thus the Macomb County Circuit Court is the only court to hear such a matter or crime committed within Macomb County.
If the Macomb County District Court judge finds probable cause, then he or she will bind the matter to the Macomb County Circuit Court. Remember, the jurisdiction to hear all felonies and misdemeanors attached to the felony complaint rest with the Macomb County Circuit Court when the crime is committed within the county. If a plea agreement has been reached, it can be taken at the time of the Macomb County Circuit Court arraignment. If there is no plea agreement, then a pre-trial will be set at the Macomb County Circuit Court, which allows the parties (Defense and Prosecution) to discuss the case, file any motions, determine if the matter will be scheduled for a jury trial, and handle any other pretrial issues needed for the individual case.
If the individual pleads or is convicted, a sentencing hearing will be scheduled at the Macomb County Circuit Court, generally on a later and different day. Further, the case will be referred to adult probation, and an interview with probation will be scheduled before the sentencing hearing at the Macomb County Circuit Court. The interview allows for a pre-sentence investigation report to be prepared, providing an opportunity for the judge and court to learn about the individual’s history. If a trial occurs, that will be held at the Macomb County Circuit Court. The jury, if chosen, will appear at the Macomb County Circuit Court on the day of the trial and during the jury selection process.
Again, the Macomb County Circuit Court handles and oversees all crimes committed within Macomb County and its inner cities, townships, and municipalities so long as the offense was a felony or a misdemeanor attached to a felony. The Macomb County Circuit Court is located at the Macomb County Court Building, 40 N. Main St., Mt. Clemens, MI 48043.
The following is a list of presiding judges within the Macomb County Circuit Court, and also attached are the days and times for certain pleadings, filings and hearings for each individual found within the Macomb County Circuit Court:
Judge JAMES BIERNAT, JR
Motions – 8:30 a.m. Summary Disposition Motions – 10:00 a.m. PPO Motions – 11:00 a.m.
JUDGE RICHARD L. CARETTI
Motions – 9:00 a.m. Criminal Motions – Mondays at 9:00 a.m.
JUDGE MARY A. CHRZANOWSKI
Motions – 8:00 a.m.
JUDGE DIANE M. DRUZINSKI
Motions – 8:30 a.m.
JUDGE JOHN C. FOSTER (CHIEF JUDGE)
Motions – 8:00 a.m. Criminal Motions – 9:30 a.m.
JUDGE KATHRYN A. GEORGE
Motions, PPO’s & De novos (with an attorney) – 8:30 a.m. Motions, PPO’s & De novos (in pro per) – 1:30 p.m. Pro Cons (with an attorney) – Wednesdays and Fridays at 10:30 a.m. Pro Cons (in pro per) – Wednesdays and Fridays at 1:30 p.m.
JUDGE PETER J. MACERONI
Motions – 8:30 a.m. Criminal Motions – 10:00 a.m.
JUDGE EDWARD A. SERVITTO
Motions – 8:30 a.m. Summary Disposition Motions – 8:30 a.m. (adjournments must be granted by the Court) PPO Motions – 10:00 a.m.
JUDGE MARK S. SWITALSKI
Motions – 9:00 a.m
JUDGE MATTHEW SWITALSKI
Motions (with an attorney) – 8:30 a.m. Motions (in pro per) – 1:30 p.m. Pro Cons (with or without an attorney) – Tuesday through Thursday 8:30 a.m.
JUDGE KATHY A. VIVIANO
Motions – (with an attorney) – 8:30 a.m. Motions (in pro per) – 1:30 p.m. Prosecutor Judgments – 11:00 a.m. Pro Cons – Tuesdays through Fridays at 9:00 a.m. ONLY
JUDGE TRACEY A. YOKICH
Motions (with an attorney) – 9:00 a.m. Motions (in pro per) – 1:30 p.m. Attorney De novo Hearings – 9:00 a.m. Pro Per DeNovo Hearings – 10:00 a.m. Attorney Pro Cons – Tuesdays through Fridays at 9:00 a.m. Pro Per Pro Cons – Mondays at 1:30 p.m. Prosecutor Judgments – Mondays at 9:00 a.m. All PPO Motions (attorney and pro per) – Mondays at 1:30 p.m. All other Motions not FOC – Mondays at 10:00 a.m.
JUDGE JENNIFER M. FAUNCE