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Macomb County Juvenile Defense Lawyer
If your child has been picked up by police, called into the principal’s office or contacted by a detective in Macomb County, the next few days matter more than most parents realize. Christopher Brown is a Macomb County juvenile defense lawyer and former Detroit police officer who helps families resolve juvenile cases early, often without a formal record.
A Second Chance Is the Goal in Macomb County
In my experience, the Macomb County Prosecutor’s Office approaches the vast majority of juvenile cases by offering services that help parents and their child get back on track, not by looking to punish. Most cases can be handled on the consent calendar, or even dismissed with a voluntary referral for services, when the court is comfortable that the parent has the situation under control.
There are more serious cases where a young person can end up in the adult system. That’s why it’s important to get an attorney involved right away and get out in front of the case before you ever walk into the courtroom.
The Intake Interview: Where a Case Can Be Steered
Many Macomb County juvenile cases are referred to an informal interview with an intake probation officer. Parents often treat it as a formality. It isn’t. This is where a case can be steered.
The intake officer looks at a wide range of factors, including:
- The child’s attitude and how they respond to boundaries and discipline
- Past history and any prior petitions
- Mental health concerns
- Whether the child has adequate supervision and support at home
- School performance and behavior
Working with a Macomb County juvenile defense lawyer to prepare your child and your family for this interview, and showing that a plan is already in place, can be the difference between an informal resolution and a formal court case.
Asking the Court for Help Without Creating a Record
Some parents want the court’s help with a struggling or rebellious teen, but they are afraid that asking will give their child a juvenile record. There are ways to get court oversight without a formal adjudication, through the consent calendar and referrals for services.
Court oversight can be useful. A parent’s rules, like curfew, school attendance, grades and counseling, can be backed up by the family court. Sometimes a teen who ignores mom and dad listens when a judge or probation officer is involved. I help parents find the right level of oversight without putting a permanent mark on their child’s future.
How a Juvenile Case Moves Through Macomb County Court
In Macomb County, juvenile delinquency cases are heard by the Family Division of the Macomb County Circuit Court. Anyone who commits a misdemeanor or felony before age 18 is generally treated as a juvenile. A typical case moves through these steps:
| Step | What happens |
|---|---|
| Petition | After police investigate, a prosecutor reviews the report and decides whether to file a petition. |
| Preliminary inquiry | An informal meeting where the court gathers family information and explains the charges and the child’s rights. |
| Preliminary hearing | If a child is taken into custody, a hearing is held within 24 hours to address the charge and release. |
| Early options | The court may dismiss with a warning, refer the child for counseling, place the child on informal probation, or move the case to the formal docket. |
| Pretrial and adjudication | If the child doesn’t admit responsibility, the case is negotiated or tried. The prosecutor must prove it beyond a reasonable doubt. |
| Disposition | If the allegation is proved, the judge decides on probation, counseling, community service, restitution or placement. |
The earlier a lawyer is involved, the more of these steps can be shaped, or skipped entirely.
Raise the Age: 17-Year-Olds Are Now in Juvenile Court
Michigan’s “Raise the Age” law took effect October 1, 2021. Before then, a 17-year-old was automatically charged as an adult. Now most cases involving anyone under 18 start in juvenile court. There are still exceptions for certain serious offenses, so one of the first questions to answer is which court your child’s case is in.
Young adults ages 18 to 25 who are charged as adults may qualify for the Holmes Youthful Trainee Act (HYTA), which can keep a conviction off their public record.
When a Juvenile Can Be Charged as an Adult
For young people ages 14 to 17, Michigan law gives prosecutors several ways to pursue adult treatment for serious violent felonies, such as murder, armed robbery or carjacking:
- Automatic waiver: the prosecutor files the case directly in adult court.
- Designated proceedings: the case stays in family court, but the child is tried with adult protections, and the judge can impose a juvenile or adult sentence.
- Traditional waiver: the prosecutor asks the family court to give up jurisdiction, and the judge holds a probable-cause hearing and a best-interests hearing.
How these decisions are made can mean the difference between rehabilitation and adult prison. Challenging an adult-court designation early is critical.
Consent Calendar and Diversion in Macomb County
Macomb County uses two main paths to resolve less serious cases without a criminal record:
- Diversion: the child completes a community-based program instead of going through formal court. Some serious offenses aren’t eligible.
- Consent calendar: an informal court track. The child, a parent, the prosecutor and the court must all agree. The child follows a written plan, and when it’s completed, the case closes with no formal disposition.
Young people on diversion or the consent calendar are handled outside the formal docket. What a child says while on the consent calendar generally can’t be used against them if the case later moves to the formal calendar. A nonpublic state police record is still kept, so not every record disappears.
Michigan judges follow detailed procedures for diversion and the consent calendar, set out in the Michigan Judicial Institute’s Juvenile Justice Benchbook.
If Removal From the Home Is Necessary
In more serious cases, the court may order a child temporarily removed from the community. In Macomb County, this happens at the Macomb County Juvenile Justice Center. Its detention program serves young people ages 11 to 17, and the average stay is about 11 to 13 days, although it can be longer if the court decides. Residents attend an on-site school run by L’Anse Creuse Public Schools.
Detention is not a finding that your child did anything wrong. If your child is being held, ask when the next hearing is, how to communicate with them, and whether the case is being considered for the consent calendar. Then call a lawyer.
Juvenile Records in Michigan
Juvenile court records generally aren’t open to the public, but courts, police, prosecutors and child welfare agencies can see them for certain purposes. Many juvenile adjudications are set aside automatically, two years after court supervision ends or at age 18, whichever comes later, though some serious offenses don’t qualify. Others can be set aside by application. The best protection is still avoiding a formal adjudication in the first place.
Juvenile Sex Offenses and the Registry
Some juvenile sex-offense cases can require registration, especially when a young person is convicted in adult court or the offense is one of the most serious under Michigan’s registry law. Keeping these cases in juvenile court, and on the right charge, is often the key to avoiding the registry. Learn more about defending sex crime charges in Macomb County.
MIP, Marijuana and Vaping
- Alcohol (MIP): a first minor-in-possession offense is generally a civil infraction, and many cases qualify for a deferral.
- Marijuana: legal only for adults 21 and over, so younger people can still face consequences.
- Vaping and nicotine: depending on the conduct, consequences range from a civil infraction to a juvenile court case.
For other drug charges, see our Macomb County drug crime page.
School Incidents and Juvenile Court
A school can discipline a student for the same incident that leads to a juvenile case. Suspension or expulsion is a separate process from court, but what your child tells school officials can be used in the court case. Get the written allegations and the policy at issue, and talk to a lawyer before any school meeting. Macomb County takes school threats and weapons very seriously, so these cases need a careful, early response.
When Police Want to Question Your Child
As a former Detroit police officer, I know how interviews with young people work and how easily a scared teenager can say something wrong. A child questioned in custody has the right to remain silent and the right to a lawyer. A parent sitting in the room doesn’t replace either one.
If police contact your child:
- Ask whether your child is free to leave.
- Ask for a lawyer before any questions about the incident.
- Tell your child not to lie, guess or talk about it with anyone.
- Save texts, photos and videos. Don’t delete anything.
- Don’t post about it on social media.
Learn more about what to do if police want to question someone in your family.
Juvenile Defense Results
Our firm has kept young clients off the formal court record by investigating the full story, using professional evaluations, and showing the court who the child really is. See our recent juvenile defense results
Frequently Asked Questions About Macomb County Juvenile Cases
Will my child have a record?
Not necessarily. Many Macomb County cases are handled on the consent calendar or dismissed with a referral for services. Records are nonpublic, and many adjudications are set aside automatically later.
Can I ask the court for help with my teen without giving them a record?
Often, yes. The consent calendar and service referrals can provide court oversight of curfew, school and counseling without a formal adjudication.
What happens at the intake interview?
A probation officer looks at your child’s attitude, history, supervision at home, mental health and response to discipline. It’s one of the best chances to steer the case, so prepare for it with a lawyer.
Can a 17-year-old be charged as an adult in Macomb County?
Generally, no. Since 2021, most 17-year-olds go to juvenile court, but serious violent felonies can still be charged in adult court.
Should my child talk to police?
Not without a Macomb County juvenile defense lawyer. Even an innocent child can say something that hurts the case.
Talk to a Macomb County Juvenile Defense Lawyer
If your child is facing a juvenile charge or a police investigation anywhere in Macomb County, from Warren and Sterling Heights to Clinton Township and Chesterfield Township, early action matters. Call (248) 468-1468 to speak with a Macomb County juvenile defense lawyer. Consultations are free and confidential. We answer 24/7, offer virtual meetings, and accept credit cards and payment plans.
We also defend juvenile cases throughout Oakland County.