DUI Lawyers in 62B (Kentwood) District Court
If you or someone you know is accused drunk driving (aka OWI or DUI) or another criminal offense within the city limits of within the city limits of Kentwood, Michigan, your case will be handled in the 62B District Court Kentwood Justice Center at 4740 Walma Avenue, Kentwood, Michigan.
What Happens in you are charged with OWI or criminal offense in the 62B District Court?
The 62B District Court is presided over by the Honorable William G. Kelley (pictured below).
If you are charged with a misdemeanor in the 62B District Court, your first court appearance will be the arraignment. The 62B District Court allows defendants who are represented by counsel to waive their presence at this first court appearance provided that their attorney submits an appearance, a signed waiver of arraignment form, and a signed advice of rights forms prior to the arraignment date. Thus if you hire an attorney prior to your arraignment date in the 62B District Court, you will not personally have to attend this hearing.
Following your arraignment, the Court will schedule a pretrial conference approximately three to four weeks later. If you are charged with a Kentwood city ordinance violation, the law firm of Law Weathers, the city of Kentwood’s attorneys, will prosecute your case. If you are charged with a violation of state law, your case will be handled by the Kent County Prosecuting Attorney’s Office. The pretrial conference is a scheduled conference between the assistant prosecuting attorney or city attorney handling your case and your defense counsel where both sides can talk about the facts of the case and potential resolutions. In general, if you hire an attorney, you do not have to show up for this conference as we can handle it for you.
Following the first pretrial conference date, the court will schedule a settlement conference approximately three to six weeks later. You do have to attend the settlement conference. At the settlement conference, you have to make a decision as to whether to accept plea offer to a lesser offense (if one has been made), elect to be tried by a judge alone, or take the case to a jury trial. If you elect to accept a plea offer, you will plead guilty at this hearing and may even be sentenced. If you elect to take the matter to trial, the court will schedule a jury trial date about four to six weeks later. On that date, you will pick a jury and try the case.
Sentencing in the 62B District Court
If you have no prior offenses and your offense did not result in any injuries to any persons, misdemeanor sentences usually consist of fines and costs anywhere from $500.00 to $1500.00, 40 hours of community service, and a one to two-year term of probation. Jail is generally uncommon unless some aggravating factor exists. Judge Kelly will expect you to be prepare to pay your fines and cost at the time of your sentence. He will allow you to set up a payment plan if you cannot afford to pay all your fines and costs at once, but he will expect you to have money to make some sort of payment on the date of your sentence.
Sentencing for Operating While Intoxicated Offenses in the 62B District Court.
If this is your first offense and no one was injured as a result of your operating a motor vehicle while intoxicated, jail is uncommon. You should expect to receive a sentence of fines and costs in the neighborhood of $1000.00 to $1500.00, one to two years of probation. If there was an accident, the court will also make you pay restitution. Before you are sentenced, you will have to meet with the 62B District Court probation department and obtain an alcohol assessment from a substance abuse counselor.
If this is your second operating while intoxicated offense (regardless of whether you are pleading to an operating while intoxicated first offense or second offense) and your prior OWI offense was within 10 years, you should expect a jail sentence of 10 to 14 days in addition to the aforementioned penalties. The 62B District Court does not have a sobriety court program and does not generally allow transfers to the sobriety court program in the 61st District Court.
Procedures and Sentencing for Operating While Intoxicated Third Offenses
If you have had two or more prior operating while intoxicated convictions, and you have been arrested for another operating while intoxicated offense in the Kentwood area, your case will begin in the 62B District Court, but will ultimately be resolved in the 17th Circuit Court located in downtown Grand Rapids. A defendant facing his/her first felony DUI in Kent County, without any other significant criminal history, can generally expect a sentence anywhere from days to four months depending on the Circuit Court judge that ultimately here the case. As with any felony, there will be considerable fines/costs, probation, rehabilitation services, vehicle immobilization, and strict court-supervised monitoring following any incarceration.
Kentwood DUI Lawyers | Attorneys | Drunk Driving Defense
If you have any questions, please feel free to call the DUI attorneys at Springstead Bartish & Borgula Law for more information or check out our detailed drunk driving page, where you’ll find lots of information including: DUI FAQ’s, our approach to defending drunk driving cases, the consequences or penalties for a OWI conviction in Michigan, how to fight the field sobriety tests, and attacking the results of breath or blood tests. Please don’t hesitate call if you have any questions or want a free case evaluation. We are located in downtown Grand Rapids, and can be reached 24/7 @ (231) 924-8700 or (616) 458-5500, and are experienced in defending drunk driving charges in the 62B District Court, having appeared in the 62B District Court regularly.