Rochester Hills 52-3 District Court – What You Need to Know

The 52-3 District Court is in Rochester Hills, Michigan, but its jurisdiction is northeastern Oakland County. Here are the insider tips they don’t want you to know.

What You Need to Know About the 52-3 Rochester District Court

The 52-3 District Court is located at 700 Barclay Circle, Rochester Hills, Michigan 48307. Its jurisdiction covers most of northeast Oakland County, Michigan. The Court handles all traffic, misdemeanor, and felony offenses in Addison Township, Auburn Hills, Lake Angelus, Oakland Township, Orion Township, Oxford Township, Rochester, Rochester Hills, Village of Lake Orion, Village of Leonard, and Village of Oxford. It is a bustling court with three judges and three magistrates. The 52-3 District Court judges are some of the toughest in Oakland County.

Misdemeanor Charges in Rochester Hills

A misdemeanor is a violation of state law or local ordinance punishable by one year in jail or less. The maximum penalty for violations of local ordinances is 90 days. The maximum sentence for state violation can be one year of incarceration and up to two years of probation. The 52-3 District Court presides over misdemeanors from the following jurisdictions:

Misdemeanor offenses can range from drinking and driving (OWI/ DUI), traffic misdemeanors, domestic violence, retail fraud (shoplifting), DWLS, assault and battery, possession or use of drugs, minor theft, fraud crimes, malicious destruction of property, disorderly conduct, and more.

The 52-3 District Court has a Sobriety Court Program for second-offense OWI defendants. The Court designed the program to treat people convicted of repeat OWI and DUI offenses by getting them therapy and any other help that may be necessary.

Domestic Violence Attorney Rochester Hills

LEWIS & DICKSTEIN, P.L.L.C. has represented countless clients facing domestic violence charges based on accusations that have been exaggerated or completely fabricated. Our domestic violence attorneys in Rochester Hills exhaust all of our resources to make sure these charges are dropped altogether or resolved in a way that does not significantly impact our client’s lives, careers, and reputations.

What are the best defenses to domestic violence charges in the Rochester Hills?

While the effectiveness of defenses may vary based on the facts of the case, here are some common defenses used by our Defense Team:

• Self-Defense: Someone can use reasonable force to protect themselves or others from imminent harm. This defense is available to someone in a domestic relationship, such as spouses, roommates, siblings, parents, children, those with a child in common, etc. The defendant does not have to prove they acted in self-defense. Under Michigan law, the prosecution is required to disprove this defense.
• False Accusations: Claiming the domestic violence allegations are false and presenting evidence or witnesses to support this claim is a powerful defense. Gathering any relevant documents, texts, emails, or witness statements contradicting the accuser’s version of events is essential.
• Lack of Evidence: Challenge the prosecution’s evidence by highlighting gaps, inconsistencies, or lack of corroborating evidence in their case. Demonstrating uncorroborated allegations can weaken the prosecution’s ability to prove the charges beyond a reasonable doubt. The defendant is not guilty if the prosecution cannot present sufficient evidence.
• Alibi: If you can provide a credible alibi that proves you were not present at the alleged incident location or time, it can be a strong defense against domestic violence charges. For example, suppose a woman alleges her ex-husband came to her home and assaulted her. If the ex-husband can prove he was at work at the time of the alleged assault, he has a powerful alibi defense.
• Accidental Contact: If the alleged physical contact was accidental and not intentional, it may be possible to effectively argue that there was no criminal intent to harm, harass, intimidate, etc. Unintentional contact is not an assault and battery.
• No Injury or Harm: Point out that there was no actual injury or harm caused during the alleged incident, which can be a factor in some aggravated domestic violence cases. If someone faces domestic violence charges and the alleged assault would likely cause an injury, the absence of a wound can be proof that the assault never occurred.
• Inadmissible Evidence: Challenge the admissibility of evidence obtained unlawfully or in violation of your constitutional rights, such as evidence obtained without a proper search warrant or in violation of your Miranda rights. Suppose someone is taken into custody, questioned, and makes statements harmful to their defense without Miranda warnings. In this case, a skilled domestic violence defense attorney in Rochester Hills will file a Motion to Suppress and Dismiss due to violating the 5th Amendment.
• Diversion or Counseling Programs: In some cases, you may be eligible for diversion programs, such as the Domestic Violence First Offender Program (MCL 769.4a) or counseling that can result in the charges being dropped or reduced upon successful completion.
• Victim’s Recantation: If the alleged victim later recants their statement or is not cooperative with the prosecution, it can weaken the case against you. Domestic violence charges will not necessarily get dropped if the alleged victim fails to appear in court; however, their failure to cooperate can make a difference.
• Pretrial Negotiations: Your attorney may negotiate with the prosecutor for a plea deal that involves reduced charges or alternative sentencing options, which can help mitigate the consequences of a domestic violence charge.

Felony Charges in the 52-3rd District Court

Felony charges are the most severe crimes under Michigan law. The maximum penalty for a felony conviction can range from over one year in jail up to life in prison. The 52-3rd District Court presides over the initial stages of any felony offense originating in the jurisdictions listed above, including Rochester Hills, Orion Township, Oxford Township, and Auburn Hills.

The most common felony charges in the 52-3 District Court in Rochester Hills include the following:

The first hearing in any felony case is the arraignment. Usually, the defendant is arrested and brought to court for arraignment. Alternatively, someone facing criminal charges in the 52-3 District Court can self-surrender with a retained lawyer. Defendants who self-surrender stand the best odds of getting a personal or low bond and being released on bail. At the arraignment, the judge or magistrate advises the defendant of their charges, accepts a plea, and sets a bond (personal recognizance (PR bond), cash, 10%, or surety). The Court will schedule a Probable Cause Conference (PCC) within seven (7) days of the arraignment.

The Probable Cause Conference (PCC) is a hearing where the defense attorney and prosecutor discuss the case, issues with discovery or evidence, possible settlement or plea bargain options, and decide whether they want a Preliminary Examination. A Preliminary Examination is an evidentiary hearing where the prosecution must introduce testimony and other evidence to prove there is probable cause to believe the defendant committed the charged offense. The judge will dismiss the case if the prosecutor fails to meet that burden. If they show probable cause based on the evidence, the judge will send the case to the Oakland County Circuit Court.

Bond and Arraignments in Rochester Hills

The judges and magistrates in the 52-3 District Court are notorious for high bonds with onerous terms and conditions. A defendant who remains free on bond has a better chance of getting charges dismissed, obtaining a better plea bargain, achieving a more lenient sentence, or winning an acquittal at trial. Studies show that defendants who remain incarcerated do not fare well in the legal system. The best hope for getting a low or personal bond is with a skilled, experienced defense lawyer.

Once a defendant secures a reasonable bail and the Court releases them from custody, they must comply with the terms and conditions of the bond or risk a bond revocation or show cause hearing. There is a zero-tolerance policy in the Rochester Hills 52-3 District Court. The slightest violation, misunderstanding, or mistake can easily result in bond revocation. Any defendant on bond with this court must painstakingly review the bond, understand it, and comply with every detail of the order.

Probation Violations in the 52-3 District Court

Misdemeanor offenses that would result in a simple fine in many courts are treated quite differently in Rochester Hills. The 52-3 District Court judges routinely order lengthy terms of probation, filled with complicated terms and conditions, even for minor offenses and first-time offenders. Taking any case lightly in this court is a recipe for disaster. Lawyers experienced with this court know that thorough preparation and compelling advocacy are necessary to secure the most lenient sentence possible. The maximum sentence for a probation violation in Rochester Hills is the same as the maximum for the original offense.

Avoiding Convictions and Jail in Rochester Hills

Despite the harshness of the Rochester Hills prosecutors and judges, it is possible to avoid jail and, in many cases, a conviction. An extraordinary result is possible even when the evidence seems overwhelming, and the defendant has prior convictions. Every case is defensible! An aggressive defense lawyer will work closely with their client to explore all possible defenses: legal, equitable, constitutional, medical, scientific, and factual. Additionally, Michigan statutes and court rules permit a defendant to bargain for a plea that avoids a conviction and/or incarceration. With the right legal representation in Rochester Hills, every defendant has a chance to win, even in the 52-3rd District Court.

The Judges of the 52-3 District Court

Judge Laura E. Polizzi

Governor Gretchen Whitmer appointed Judge Laura E. Polizzi to the 52-3 District Court in May 2024. Judge Polizzi has a rich legal background, having worked as a partner at Polizzi & Medley Law, where she handled cases in various fields such as domestic, business, real estate, juvenile, and criminal law. Her expertise earned her recognition as a Michigan Rising Star by Super Lawyers for several years, from 2018 to 2024.

Active in the legal community, Judge Polizzi has served on the Macomb County Bar Association and the Macomb County Bar Foundation boards. She is also involved in the State Bar of Michigan’s Representative Assembly and Character and Fitness Committee. Judge Polizzi resides in Rochester Hills with her family and is fluent in Spanish, which enhances her ability to serve a diverse clientele. Her judicial philosophy is rooted in fairness and respect for everyone in her courtroom.

Judge Nancy Tolwin Carniak

The Governor appointed her to the 52-3 District Court bench in 2000. She attended Michigan State University. She received a Bachelor of Arts in Business Administration in 1979. She received her Juris Doctorate from the Detroit College of Law in 1985. Judge Carniak served as an associate and partner in private law firms for 15 years before taking the bench. Judge Carniak initiated the Mock Trial program for 5th-grade students in our community. In this program, students learn about the legal system firsthand by participating in a mock criminal trial. Students tour the Oakland County Sheriff’s substation and observe actual criminal proceedings in the courtroom. Judge Carniak is involved in a variety of community organizations.

Judge Lisa L. Asadoorian

She was elected to the 52-3rd District Court, 3rd Division, in November 2000. She graduated from Michigan State University with a Bachelor of Arts in Criminal Justice in 1986. She graduated from the University of Detroit School of Law with a Juris Doctor in 1989. Judge Asadoorian is a former Assistant Prosecutor and Senior Trial Attorney for the Oakland County Prosecutor’s Office. Upon taking the bench, Judge Asadoorian implemented her requirement at sentencing for alcohol-related offenses whereby defendants of all ages must tour the county morgue. The purpose is to educate people about the true and ultimate consequences of underage and excessive drinking. This program has garnered widespread attention and support both locally and statewide. A lifelong district resident, Judge Asadoorian is active in several community organizations.

Lawyers who regularly practice in the 52-3 District Court in Rochester Hills, Michigan

The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have appeared regularly in the 52-3rd District Court for years and have excellent working relationships with the judges and the court staff. Also, our Defense Team has a well-known reputation for integrity, experience, and professionalism. The firm’s attorneys have been successful in many jury trials and motions in criminal cases and have obtained outright dismissals on several occasions. Our Rochester Hills criminal defense lawyers have decades of experience and are fearless in protecting our clients’ rights. If you face criminal charges, you need the best legal help available. LEWIS & DICKSTEIN, P.L.L.C. is here to help; we are not afraid to win!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
We Are Not Afraid to Win!