Defense Attorneys for Judge Carrie Fuca, 41B District Court in Clinton Township, Michigan
Judge Carrie Fuca, in the 41B District Court, expects lawyers to be prepared and knowledgeable. She is a fearless member of the judiciary who will rule for the legally right side, even if her decision is not popular with law enforcement.
Professional Background and Community Involvement
Judge Fuca challenged a sitting judge for her position and won in 2010. Her campaign was very aggressive and reflected the level of her passion for serving the Clinton Township community. Ousting an incumbent sitting judge is an almost unheard-of feat, and it is a testament to Judge Fuca’s drive and determination. Judge Fuca was appointed by the Michigan Supreme Court to be the 41B District Court Chief Judge in 2016. Since joining the 41B District Court, Judge Fuca founded the court’s Veteran’s Treatment Program.
Judge Fuca obtained her undergraduate college degree from Michigan State University with honors and received her law degree from Wayne State University Law School in 1998.
She has an enormous number of community involvements. She has held all positions on the Macomb County Bar Association’s Young Lawyers board, she was a member of the Macomb County Charter Commission, she is a member of the Women’s Lawyers Association, Italian Bar Association, the Legislative Committee for the Michigan District Court judge’s Association, she is a life member of the Girl Scouts of Macomb County, and a board member of the Clinton Township Optimists Club. She is also a real estate broker and maintains her own real estate company to this day.
Judge Fuca is known by those attorneys who regularly appear before her to be an extremely friendly and compassionate judge who will listen to creative defense attorneys’ legal arguments and give them credit when deserving, to the benefit of clients.
Types of Cases Handled by Judge Fuca
District judges handle a variety of types of cases: civil infractions, criminal cases, and civil lawsuits. Civil infractions are citations (tickets) that carry a fine but not jail. Usually, civil infractions are traffic-related, like speeding, disobeying a traffic control device, and causing an accident. Misdemeanors carry potential jail, from 30 days up to 1 year, depending on the offense and up to two years of probation. A misdemeanor can be traffic-related, like Driving on a Suspended License or OWI, or they can have nothing to do with traffic, like retail fraud or domestic violence.
All felony offenses begin in a district court, like the 41B District Court in Clinton Township. Felonies carry possible prison of more than one year. The first hearing on a felony charge is the arraignment. A defendant would never want to appear for an arraignment, whether he or she is on bond or in jail, without a highly experienced and very successful defense lawyer. The arguments made in support of a low or personal bond at the arraignment can mean the difference between the defendant remaining out on bond or stuck in jail while the case works its way through the court system. Although Judge Fuca is no pushover, she is known for being fair and reasonable with bonds.
Following arraignment, a felony case will be set for a pre-exam conference and a preliminary exam. Some cases may be plea-bargained down to a misdemeanor, and the felony charge would be dismissed. If no plea bargain is entered, the defendant will either waive his or her right to a preliminary exam or demand a preliminary exam and fight the case. Preliminary exams are like short trials, where a prosecutor must show through testimony and other evidence that a crime was committed and probable cause to believe the defendant committed it. If the prosecutor meets this burden, the district judge will “bind over” the case to the county circuit court for final resolution. If the prosecutor fails to present sufficient, credible evidence, the case would be thrown out of court.
Examples of misdemeanors under the jurisdiction of the district court:
- Drunk Driving, 1st and 2nd Offense
- Minor drug possession offenses
- Domestic Violence
- Retail Fraud (shoplifting) 2nd or 3rd Degree
- Assault and Battery
- Violation of Probation
- Malicious Destruction of Property
- Driving While License Suspended
Examples of felony cases for which a preliminary exam may be held:
- Assault with a Dangerous Weapon (Felonious Assault)
- Murder and Manslaughter
- Home Invasion
- Major Drug Offenses
- Armed Robbery
- Drunk Driving 3rd Offense
- Weapons Crimes
Successfully Handling Cases is Judge Fuca’s Court
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. regularly appear before Judge Fuca, and we have had great success in her court. We believe we have a mutually respectful relationship. Because our defense attorneys are consistently prepared and professional, we have an unparalleled track record of success in Judge Fuca’s courtroom and throughout Macomb County. If you have a case before Judge Fuca, call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 or fill out a Request for Assistance Form online and we will promptly contact you. We are not afraid to win!
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.