What You Need to Know
- Every adult criminal case — including DUI/OWI and DWLS/DWLR — starts in the local district court.
- District courts have complete authority over civil infractions and misdemeanors, from arraignment through sentencing.
- Felony cases begin in district court, but unless dismissed or reduced to a misdemeanor, they are sent up to the county circuit court.
- A misdemeanor is any offense punishable by up to 1 year in the county jail. A felony is any offense punishable by more than 1 year in state prison.
- A district judge can sentence someone to up to 1 year in the county jail — but no more. A circuit judge can impose up to life in prison.
- Juvenile cases are handled exclusively by the county probate court.
- Wayne County Circuit Court is in Detroit; Oakland County’s is in Pontiac; Macomb County’s is in Mt. Clemens.
If you’ve been charged with a crime or a DUI in Michigan, one of the first things you’ll want to understand is which among Michigan’s district and circuit courts is going to handle your case — and why. The answer depends on what you’ve been charged with, and it matters more than most people realize.
This article explains how Michigan’s court system is organized, how criminal and DUI/OWI cases flow through that system, and what you can expect at each stage. Our firm concentrates our criminal and DUI practice in the courts of Wayne, Oakland, Macomb, and the surrounding counties — so while this is a general overview, it’s written from the perspective of lawyers who appear in these courts every single day.
Michigan’s District and Circuit Courts — Two Different Roles
There are a lot of courts in Michigan, but they fall into two basic categories.
The first category is trial courts. This is where criminal and civil cases are decided. District courts, circuit courts, and probate courts all fall into this category. They’re sometimes called the “lower courts.” Every criminal case — every DUI, every DWLS, every felony — starts and ultimately ends in a trial court.
The second category is appellate courts. This is where a party goes after losing in a trial court to challenge the outcome. Michigan has two appellate courts: the Michigan Court of Appeals and the Michigan Supreme Court. Unless a case goes that far on an appeal, appellate courts never enter the picture.
There is also the Michigan Court of Claims, which handles lawsuits filed against the State of Michigan. It operates similarly to a circuit court, though without the right to a jury trial. Judges from the Court of Appeals preside there, as assigned by the Michigan Supreme Court.
For our purposes here — adult criminal and DUI cases — the courts that matter are the local district courts and circuit courts.
The District Court
Every adult criminal case begins in a district court. That includes DUI/OWI charges, driving on a suspended or revoked license (DWLS/DWLR), and any other criminal offense — misdemeanor or felony — regardless of how serious it is.
District courts are local. Each one has jurisdiction over a specific set of communities, and a criminal charge must always be brought in the court that covers the place where the alleged offense occurred. You don’t get to choose your court — the location of the arrest determines it.
Most district courts in the Metro Detroit area cover several municipalities. A few cover only a single city. Here’s a look at several courts in Wayne, Oakland, and Macomb counties to illustrate how this works.
Wayne County District Courts
16th District Court (Livonia) — Handles cases only for the City of Livonia.
33rd District Court (Woodhaven) — Handles cases for Brownstown, Flat Rock, Gibraltar, Grosse Ile, Rockwood, Trenton, and Woodhaven.
34th District Court (Romulus) — Handles cases for Belleville, Huron Township, Romulus, Sumpter Township, Van Buren Township, and Detroit Metropolitan Airport.
35th District Court (Plymouth) — Handles cases for Canton, Northville (City and Township), and Plymouth (City and Township).
36th District Court (Detroit) — Handles cases only for the City of Detroit.
Note: Wayne County has 25 district courts in total. The five listed above are some of the busier ones we regularly appear in.
Oakland County District Courts
44th District Court (Royal Oak) — Handles cases for the cities of Berkley and Royal Oak.
48th District Court (Bloomfield Hills) — Handles cases for Birmingham, Bloomfield Hills, Bloomfield Township, Keego Harbor, Orchard Lake, Sylvan Lake, and West Bloomfield.
51st District Court (Waterford) — Handles cases only for Waterford Township.
52-1 District Court (Novi) — Handles cases for the City of Novi, South Lyon, Wixom, Walled Lake, and the townships of White Lake, Lyon, Novi, Commerce, Rose, Highland, and Milford, as well as the Villages of Milford and Wolverine Lake.
52-2 District Court (Clarkston) — Handles cases for Brandon, Holly, Groveland, Independence, Rose, Springfield, and White Lake Townships, and the Villages of Clarkston, Holly, and Ortonville.
52-3 District Court (Rochester Hills) — Handles cases for Auburn Hills, Rochester, Rochester Hills, Oakland Township, Orion Township, Addison Township, Oxford Township, Lake Angelus, and the Villages of Lake Orion, Leonard, and Oxford.
52-4 District Court (Troy) — Handles cases for the cities of Clawson and Troy.
Macomb County District Courts
37th District Court (Warren) — Handles cases for the cities of Centerline and Warren.
40th District Court (St. Clair Shores) — Handles cases only for the City of St. Clair Shores.
41-A District Court – Shelby (Shelby Township) — Handles cases for Macomb Township, Shelby Township, and the City of Utica.
41-A District Court – Sterling Heights (Sterling Heights) — Handles cases only for the City of Sterling Heights.
41B District Court (Clinton Township) — Handles cases for Clinton Township, Harrison Township, and the City of Mt. Clemens.
42-2 District Court (New Baltimore) — Handles cases for New Baltimore, Chesterfield Township, Lenox Township, and New Haven.
As this sample shows, most courts cover multiple communities, while a few handle cases for just one city. The key point is that where you were charged determines which court you’ll be in — not where you live, and not where your attorney’s office is located.
What Kinds of Cases Does the District Court Handle?
Misdemeanor Cases
District courts have complete authority over misdemeanor cases. That means they handle every step of the case — from the first court appearance all the way through trial (if any) as well as sentencing and probation supervision.
A misdemeanor is any offense punishable by up to 1 year in the county jail. Common misdemeanors handled in district court include:
- Operating While Intoxicated (OWI/DUI) — 1st and 2nd offense
- Driving While License Suspended (DWLS) or Revoked (DWLR)
- Assault and Battery
- Domestic Violence
- Indecent Exposure
- Reckless Driving
- Disorderly Conduct
- Leaving the Scene of an Accident
District courts also handle Civil Infractions (traffic tickets), but these are NOT misdemeanor offenses and only carry the potential of a civil fine, but not jail.
A district judge can sentence someone to up to 1 year in the county jail. That’s the ceiling — a district judge cannot send anyone to state prison.
Felony Cases — The Beginning Only
Every felony case also begins in district court, but only the earliest stages take place there. The district court handles the arraignment, sets bond, and oversees the probable cause conference and preliminary examination (more on those below). Unless a felony charge is reduced to a misdemeanor while still in district court, it will be transferred — “bound over” — to the county circuit court.
When a felony can be negotiated down to a misdemeanor, it’s almost always better to accomplish that in district court, before the case is sent up to circuit court. There are occasional strategic exceptions, but they’re not very common.
The Steps in a Criminal Case
To understand what each court does, it helps to walk through the stages of a criminal case from start to finish. Some steps apply to both misdemeanors and felonies; others apply only to felonies.
Arraignment
The arraignment is the first court appearance. At arraignment, a person is formally told what charges are being made, advised of their rights, and asked to enter a plea. At this stage, the answer should always be “not guilty” — even if a person intends to eventually accept a plea deal. Entering a not-guilty plea at arraignment preserves all options going forward.
Bond is also set at arraignment. Bond includes any money required to secure release from jail, along with conditions imposed by the court — things like no-contact orders, no use of alcohol or drugs, and periodic testing. Bond is essentially probation-lite: it applies while the case is pending, and violations will result in a return trip to court and the possibility of being held in jail.
Probable Cause Conference (Felony Cases Only)
Before a felony case can be transferred to circuit court, the defendant is entitled to a hearing in the district court to determine whether there is probable cause to believe a crime was committed and that the defendant committed it. The probable cause conference is really a meeting between the prosecutor and the defense lawyer to discuss the case — what the evidence shows, whether a plea deal is possible, and what the next steps will be.
This conference must be scheduled no fewer than 7 and no more than 14 days after arraignment.
Preliminary Examination (Felony Cases Only)
If no deal is reached at the probable cause conference and the defendant does not agree to waive the examination, the prosecutor must put on a “mini-trial” in district court — presenting enough evidence to establish probable cause that a crime occurred and that the defendant is responsible. If the judge finds probable cause, the case is bound over to circuit court. If the evidence falls short, the charge is dismissed.
Most of the time, defendants waive the preliminary examination and the case moves directly to circuit court. But in some cases, the preliminary exam is a strategic opportunity to challenge the evidence early.
Pre-Trial
A pre-trial, which occurs in both misdemeanor and felony cases, is a meeting between the prosecutor and the defense lawyer to discuss and potentially negotiate a way to settle the case. There’s often more than one pre-trial, as both sides work toward a resolution. Most criminal cases are ultimately resolved through the pre-trial process — either through a plea deal or by narrowing the issues before trial.
Plea
By far, most criminal cases are resolved through some form of plea or plea bargain. A plea can take several forms:
- A plea bargain — a negotiated deal to reduce or dismiss one or more charges.
- A straight-up plea — pleading to the charged offense without a bargain.
- A no-contest plea — not admitting guilt, but not contesting the charge. The legal result is the same as a guilty plea: a conviction.
- A plea with a sentencing recommendation — the prosecutor agrees to recommend a specific sentence, though the judge is not bound to follow it.
- A plea with a sentence agreement — a deal worked out directly with the court that is binding on the judge.
The judge has final authority to accept or reject any proposed plea, though rejections are uncommon. The offense to which one pleads becomes the conviction offense.
Trial
When a case cannot be resolved through negotiation, it goes to trial. A trial can be decided by a jury (a jury trial) or by a judge alone (a bench trial). The prosecutor must prove guilt beyond a reasonable doubt. The outcome — guilty or not guilty — is called a verdict.
Sentencing
Sentencing is the most consequential step. It’s what actually happens to a person as the result of a conviction. A sentence can include any combination of the following:
- Incarceration — jail or prison. Every offense carries a maximum possible term, and some carry mandatory minimums.
- Tether (house arrest) — a person is required to remain at home, sometimes with exceptions for work or medical appointments, for a period set by the court.
- Probation — in lieu of or in addition to incarceration, the court places a person on probation for a defined period. Probation means a person is not locked up, but must follow the court’s rules.
Common probation conditions include:
- No alcohol or drug use, with regular testing
- No travel outside the state without prior court permission
- Alcohol monitoring (ankle tether or remote breath testing)
- Drug testing (usually urine testing)
- Completion of counseling, classes, or treatment
- Regular reporting to the probation department
- No new violations of any law
Failing to comply with any probation condition brings a person back before the judge on a probation violation — which can result in additional jail time, an extension of probation, additional conditions, or other penalties.
The Circuit Court
Every county in Michigan has one circuit court. In Wayne County, it’s in Detroit. In Oakland County, it’s in Pontiac. In Macomb County, it’s in downtown Mt. Clemens.
Circuit courts handle all felony cases — every stage through final sentencing. Depending on the offense, a circuit judge can impose a sentence ranging from straight probation all the way up to life in prison. The sentencing power in circuit court is far broader than in district court, which is why the stakes are higher the moment a case gets bound over.
Once a person is sentenced to state prison, the circuit court is done with the case. The Michigan Department of Corrections (MDOC) takes over. A person released early from state prison will be on parole through the MDOC — not on probation through the court.
Common felonies handled in circuit court include:
- OWI (DUI) — 3rd Offense
- Aggravated Assault / Assault with a Deadly Weapon
- Assault/Resist/Obstruct a Police Officer
- Criminal Sexual Conduct
- Carrying a Concealed Weapon
- Delivery or Manufacture of a Controlled Substance
- Drug Possession (felony-level)
- Embezzlement
- Aggravated Indecent Exposure
Why Knowing the Court Is Just the Beginning
Understanding that district court handles misdemeanors and circuit court handles felonies is useful background — but it barely scratches the surface of what really matters when you have a case pending.
Every court has its own culture. Every judge has a different approach to sentencing. The prosecutors in one courthouse may be more or less flexible than those a few miles away. What flies in one court may not fly in another — even when the charge is identical.
These are the things you learn only by spending years in the same courts, before the same judges, handling the same kinds of cases.
Our firm intentionally limits our criminal and DUI practice to the courts of Wayne, Oakland, Macomb, and the surrounding counties. We don’t take cases in courts we don’t know well. When you retain a lawyer, you’re either paying for their experience in the court where your case will be decided, or their tuition to get that experience.
That’s not a marketing line — it’s how we protect our clients.
There’s a real difference between a lawyer who walks in already knowing how a particular judge runs their courtroom and one who is meeting that judge for the first time. When your record and your freedom are on the line, that difference matters enormously.
Our team has decades of criminal law experience. We’ve spent that time in the same courts, handling the same kinds of cases, building the kind of local knowledge that only comes from showing up day after day.
Call Us — We’ll Tell You Exactly Where Things Stand
If you have a criminal or DUI case pending in Wayne, Oakland, Macomb, or one of the surrounding counties, we’d like to talk. Our consultations are free, confidential, and done over the phone. We’ll explain what court your case is in, how that court typically handles cases like yours, and what your realistic options are — honestly, without the sugarcoating.
We’re available Monday through Friday, 8:30 a.m. to 5:00 p.m. After-hours calls are answered by our answering service. You can also reach us through the contact form or chat box on our website.
Call us at 586-465-1980. We’re ready when you are.
