45B District Court Judge David Gubow in Oak Park
Judge Gubow, in the 45B District Court in Oak Park, is the son of former federal prosecutor and federal district court judge Lawrence Gubow. As such, he has been a part of the legal community for most of his life. Judge Gubow has a keen legal intellect and appreciates creative legal arguments; he appreciates good lawyering and is open to honestly considering challenges to charges and evidence. Some judges routinely go along with the prosecutor, and will not seriously consider a legal argument from the defense even when a passionate and creative defense attorney truly has a worthy challenge to a case. Such is not the case with Judge Gubow, and it is a pleasure to practice law in his court, as the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has many times.
The 45B District Court serves the communities of Oak Park, Pleasant Ridge, Huntington Woods, and Royal Oak Township. It handles both civil and criminal cases.
Professional history and public service
Judge Gubow has had a very active professional history. He received his Bachelor’s degree from the University of Michigan in 1971 and his Juris Doctorate law degree from the University of Detroit in 1974. Judge Gubow was a private attorney from 1974 to 2002. He was a member of the U.S. House of Representatives for the 35th District of Michigan from1985 to 1998. After term limits ended his career as a representative, he was elected assistant clerk for the House of Representatives and served in that position from 1999 to 2002.
Types of criminal cases handled by Judge Gubow
District judges handle civil infractions, misdemeanors, and felony preliminary exams. Civil infractions such as traffic tickets are cases that are punishable by a financial fine and sometimes points on your driving record. Misdemeanors carry fines as well, but also carry potential jail time, ranging from 30 days to 1 year in jail and up to 2 years of probation. Felonies are criminal charges that carry a penalty of more than 1 year in jail, meaning the term of imprisonment will be served in state prison.
All felony charges begin in district court. The first hearing on a felony is an arraignment and this is when the judge sets a bond and schedules a probable cause conference and a preliminary examination. Bond or bail in a felony case can be personal (not requiring a money deposit) or require a deposit of thousands of dollars, and in some cases, the judge will remand the defendant to jail without bond. A felony preliminary exam is a probable cause hearing to determine if the prosecutor has enough evidence to support the charges against a defendant. If Judge Gubow decides the prosecutor has made the case sufficiently, he will either send the case to the county circuit court for final disposition or will preside over a plea agreement to a misdemeanor (a charge which carries less than 1 year in jail). Of course, a district judge also has the option of dismissing a case after a preliminary exam if the prosecutor does not meet his or her burden of proof or if a creative and astute defense attorney develops a winning legal argument to get the case dismissed.
Examples of misdemeanors for which a district court trial may be held:
- Assault and Battery
- Domestic Violence
- Drunk Driving 1st or 2nd Offense (OWI)
- Lower-level Drug Cases
- Retail Fraud 2nd or 3rd Degree (shoplifting)
- Violations of Probation (on any misdemeanor)
- Reckless Driving
- Larceny or Embezzlement
Examples of felony cases for which a preliminary exam may be held:
- Felonious Assault
- Home Invasion
- Murder and Manslaughter
- Armed or Unarmed Robbery
- Retail Fraud 1st Degree
- Larceny or Embezzlement (over $1000)
- Felony Operating While Intoxicated (OWI)
- Carrying Concealed Weapon
A criminal defense law firm that regularly handles criminal cases before Judge Gubow
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. regularly appear before Judge Gubow in the 45B District Court in Oak Park, Michigan. We have decades of experience handling misdemeanor and felony charges and we know what needs to be done to win. We have a mutually respectful relationship with Judge Gubow, his staff, and the prosecutors in Oak Park. Many lawyers are too intimidated to zealously advocate for their clients before Judge Gubow, but this is never an issue with our firm. His standards are high, and we believe we meet his expectations every time. If you have a case before Judge Gubow, call LEWIS & DICKSTEIN, P.L.L.C. at 248-263-6800 for a free consultation or fill out a Request for Assistance form online and we will contact you promptly.