Eastpointe Criminal Defense Lawyer

Criminal cases from Eastpointe are heard at the 38th District Court on 9 Mile Road, a busy single-judge court on Macomb County’s border with Detroit. Attorney Christopher Brown is an Eastpointe criminal defense lawyer and former Detroit police officer who defends clients in this court and throughout Macomb County, from traffic and misdemeanor charges to felonies.

Recent Results in the 38th District Court

Every case is different, and past results do not guarantee a similar outcome.

Resisting and Obstructing Charges Dismissed After a Prolonged Bicycle Stop — Eastpointe

Our client, who was already on probation in another court for resisting and obstructing an officer, was stopped while riding his bicycle at dusk without a headlamp. He was charged with two counts of resisting and obstructing a police officer and possession of narcotic paraphernalia. The police video showed that the officer kept him at the stop longer than needed to write the ticket. Our client did not consent to a search of his person, and the encounter turned physical when he was taken to the ground. After the prosecutor reviewed our concerns, both resisting charges and the paraphernalia charge were dismissed, and our client pleaded to a disorderly person offense. At sentencing, after our allocution, he received a $100 fine and no probation.

38th District Court — Eastpointe, Macomb County

Felony Fleeing Charge Resolved by Misdemeanor Plea, DWLS Dismissed — Eastpointe

Our client was charged with third-degree fleeing and eluding (a felony) and driving while license suspended, second offense. We challenged the so-called voluntary Miranda waiver behind our client’s statement that he was the driver. In a plea deal, our client pleaded guilty to a misdemeanor and the license-suspended charge was dismissed. The court imposed no jail and no probation, only a fine.

38th District Court — Eastpointe, Macomb County

See more of our Macomb County and other case results.

The 38th District Court in Eastpointe

The 38th District Court serves the city of Eastpointe and is presided over by one elected judge. Because a single judge handles the entire docket, the court runs on a tight schedule, and being on time and prepared matters.

38th District Court

Address: 16101 E. 9 Mile Rd., Eastpointe, MI 48021
Criminal Department: (586) 445-5020
Hours: 8 a.m. to 4 p.m., Monday through Friday (closed for lunch 11:30 a.m. to 12:30 p.m.)
Judge: Hon. Kathleen G. Galen
Serves: Eastpointe
Case lookup: Search your case on MiCOURT, Michigan’s statewide case search.

Court details can change, so check the court’s website or call before your court date.

Arraignments and Walk-Ins at the 38th District Court

Scheduled arraignments are held before the court’s magistrate Monday through Friday at 1 p.m. If you have a warrant or need to be arraigned, the court accepts walk-ins Monday through Wednesday at 1 p.m., and check-in for all arraignments closes at 1:30 p.m. sharp. Missing an arraignment can lead to a warrant for your arrest.

At arraignment, the judge or magistrate decides whether you’ll be released on a personal bond, sets any bond amount, and can add conditions, such as no contact with a complaining witness or alcohol testing. Having an Eastpointe criminal defense lawyer with you at a walk-in arraignment means someone is there to argue for release on your own recognizance, push back on unnecessary conditions, and make sure you don’t discuss the facts of your case on the record.

Asking to Move a Court Date

The 38th District Court grants adjournments only for good cause, with supporting documents, and requests made less than 48 hours before a hearing are generally not considered unless there is a verifiable emergency. In felony cases, if the 21-day preliminary examination deadline hasn’t been waived, an adjournment may not be granted at all. If you have a conflict, talk to your lawyer as early as possible.

Eastpointe Police Stops and Your Rights

Attorney Brown served as a Detroit police officer, and in his experience the Eastpointe Police Department uses tactics very similar to Detroit’s. Eastpointe officers practice proactive policing, including traffic stops, pedestrian stops, and stops of people on bicycles, which most suburban departments don’t use nearly as often.

However, every stop has limits. An officer needs a lawful reason to stop you, and a stop for a minor violation can last only as long as it reasonably takes to handle that violation. Holding someone longer to look for something else, without new reasonable suspicion, can make the rest of the encounter unlawful. Likewise, a search of your person generally requires consent, a warrant, or a recognized legal exception. As our bicycle stop case shows, the police video often tells a different story than the report, and as a former officer turned Eastpointe criminal defense lawyer, Attorney Brown knows how to find those gaps.

Other agencies that bring cases to the 38th District Court include the Michigan State Police, which patrol I-94. If a detective has contacted you before any charge, learn what to do before you talk.

What Happens After an Arrest in Eastpointe

Misdemeanor cases: After arraignment, the next court date is usually a pretrial conference, where many cases are resolved. Cases that don’t settle go to motions or trial in the 38th District Court.

Felony cases: A felony starts with arraignment, a probable cause conference, and a preliminary examination, which must ordinarily be held within 21 days unless the deadline is waived. If the case is bound over, it moves to the 16th Circuit Court in Mount Clemens.

Felony Plea Pilot Program: The 38th District Court has worked with the 16th Circuit Court on a pilot program for accepting certain felony pleas at the district court level. Whether it applies to your case depends on the charge and the agreement reached, so ask your lawyer.

Treatment Court Options

Michigan’s most recent statewide report lists a hybrid DWI and drug treatment court at the 38th District Court. For eligible clients, treatment courts offer supervision and support in place of a standard sentence. Admission depends on the charge, your history, and screening, so ask about it early.

An Eastpointe Criminal Defense Lawyer With Macomb County Experience

Attorney Brown appears in Macomb County courts regularly and has appeared before every criminal court judge in the county. He has found Macomb’s judges fair and conscientious and its prosecutors focused on reaching a just result. As a result, a well-prepared argument and a clear explanation of a client’s circumstances often lead to a far better outcome than the original charge suggested, as our allocution did in the bicycle stop case. In addition, when the defense asks the Macomb County Prosecutor’s Office for a resolution outside its standard policies, the request goes through a formal written deviation process. Learn how deviation requests work in Macomb County.

Charges We Defend in Eastpointe

• Resisting and obstructing a police officer
• Fleeing and eluding, driving while license suspended, and other driving offenses
• Drunk driving and OWI, including felony third-offense OWI
• Drug possession and possession with intent to deliver
• Domestic violence and assault
• Retail fraud and other theft charges
• Weapons and firearm charges
• Probation violations

Also Serving Nearby Macomb County Communities

Beyond Eastpointe, we defend clients in Roseville, St. Clair Shores, Warren, Clinton Township, and the rest of Macomb County.

Talk to an Eastpointe Criminal Defense Lawyer

• Former Detroit police officer who knows proactive policing from the inside, and where it crosses the line
• Licensed in Michigan since 2008, with experience before every criminal court judge in Macomb County
• Free consultations, available 24/7, in person at our Troy office or virtually
• Credit cards accepted and payment plans available

Call (248) 468-1468 or contact us online, especially if you need to walk in for an arraignment.