Attorney support

This is a short summary of extradition in Michigan, and a guide to attorneys assigned to represent a client for arraignment when the client faces an extraction warrant.  For specific questions, attorneys should consult extradition statute found at MCL 780.1 et. seq

IN GENERAL[1]

As applicable in Michigan, “extradition” is a formal process where Michigan surrenders an individual to another state for purposes of prosecution or punishment because they are a fugitive from justice.[2]  Extradition proceedings in Michigan are statutory.  See Uniform Criminal Extradition Act. MCL 780.1 et. seq.  An example of an extradition is where the governor of Michigan is asked by another state[3] to surrender a person to that other state in which the person has pending criminal charges.  See MCL 780.3; 780.3a.  

When Michigan’s statutory conditions are met, including receipt of an appropriate affidavit, a warrant is issued in Michigan.  The warrant sets forth facts about the validity of the warrant.  The warrant is only subject to habeas corpus review.  MCL 780.6.[4] 

Once detained, a person facing extradition has a right to be brought, forthwith, before a judge.   When before the Judge, the court must:

• Inform the person of the charged crime
• Inform them of the right to counsel
• Inform them of the right to contest the legality of the arrest
• Set a reasonable time for the person to apply for a writ of habeas corpus.  MCL 780.9.

The extradition proceeding does not address guilt or innocence, possible defenses, the conditions in the other state, or anything related to the charges.  See MCL 780.19.

CHOICES FOR THE CLIENT

The choice for the client is to:

     (1) request a habeas corpus hearing; or 

     (2) waive the extradition hearing. 

If a hearing is requested, it is by writ of habeas corpus.  (e.g. contesting the arrest).  A reasonable time will be set, and the hearing will be on a writ of habeas corpus.

If a hearing is waived, then the other state is contacted to come and pick up the client.

CONSEQUENCE OF CHOICES

1. Hearing.  An extradition hearing, when requested, will be set at a time determined by the court, which will allow the person a reasonable time to file a writ of habeas corpus.  MCL 780.9.  The sole issue is validity of the arrest.  MCL 780.6
2. Upon waiver or unsuccessful habeas corpus hearing, the person can be held for 30 days awaiting other state to pick them up.  MCL 780.14. (Typically, the client signs form MC 271).  If not picked up in 30 days, the client can be discharged, released on bond, or detention extended by up to an additional 60 days.  MCL 780.16.  Waiver means the client typically spends less total time in custody than if they have an unsuccessful hearing and are extradited afterwards.

RELEASE ON BOND

Bond can be set in certain cases. Bond is not available for a charge punishable by death, life in prison, or imprisonment for over 20 years, or escape from custody.  MCL 780.15. Bond is discretionary and often not granted for less than the amount requested by the other state. 

NOTE:  Once extradition is waived, there is no bond and the person is detained. MCL 780.25

WHAT DOES THE ATTORNEY DO AT THE ARRAIGNMENT

1. Determine whether at the time the person was arrested in Michigan they were wanted in the other state
2. Identify any pending cases in Michigan and let them know that they have a right to resolve them prior to being extradited.  MCL 780.18
3. Review circumstances of the arrest and request a writ of habeas corpus to challenge legality, only if appropriate.  MCL 780.9.  (Explain that the only issue is whether the arrest was appropriate)
4. Determine whether the client will waive extradition MCL 780.25. Sign form MC 271
5. Advise client that if extradition is waived, there is no possibility of bond.  MCL 780,25
6. Request a hearing and request bail if appropriate.  MCL 780.25 (See form MC 270)

Notify client that the other state has 30 days to pick up, and if not picked up, the extradition may be discharged or may be extended for up to 60 days.  MCL 780.16.
 

In Macomb County, the Community Corrections Department acts as a community-based sanction and rehabilitative program.  One of the goals is to relieve jail overcrowding by providing court-approved sentencing alternatives.

Sentencing alternatives include rehabilitative and monitoring options. These alternatives include:

• Substance abuse inpatient treatment;
• Substance abuse outpatient treatment;
• Monitoring services (including SCRAM tether, GPS tether);
• Substance use testing;
• Community service work;
• Cognitive programming; and
• Pre-trial release supervision.

Attorneys can have a case reviewed for bond/bail considerations or treatment recommendations. The result can lead to support for a change in bond/bail, recommendations for conditions of probation or even possible alternatives to incarceration.  Community Corrections reviews/recommendations are provided to the attorneys and to the court.

Steps in the process of referral to Community Corrections, whether for review of bail or programming recommendations, or other reasons, are as follows:

• Complete the Referral Form with the assistance of counsel
• Make the referral to Community Corrections.  (Accepted daily between 8:00 am and 4:30 pm) via fax 586-469-6436 or email at CommunityCorrections@macombgov.org

Eligibility for programming is determined by criminal history, current charge, jail behavior and other factors.

Community Corrections created a Bench Guide [BenchGuide-Mastercopy.pdf (macombgov.org)], which contains information about sentencing options and other programs that may be available to defendants/offenders.  The Bench Guide is an informational summary describing programs and eligibility criteria with contact information for various programs. It is distributed to all Judges in Macomb County and may be of assistance to attorneys who want to review some of the Court’s options for pre-trial and post-conviction action involving clients.

The Macomb County Office of Public Defender manages assigned counsel for misdemeanor cases originating in the District Courts within the County Funding Unit, and, by Inter-Local Agreement the 41A-2 District Court.  These County managed District Courts are: 41A-2 District Court, Shelby Township; 42-1 District Court, Romeo; and 42-2 District Court, New Baltimore.

Activities of the Macomb County Office of Public Defender

As part of management of these indigent misdemeanor defense systems, the Macomb County Office of Public Defender performs certain functions.  They include the following:

• Accept and Review Misdemeanor Roster Attorney Applications
• Assign Roster Attorneys, as Applicable, to:
  • Docket/Individually assigned cases
  • Sobriety Court
  • 2^nd Chair Assignments
  • District Court Appeals
• Receive and Review Roster attorney Requests For Payment
• Monitors Roster Attorney Lists to comply with MIDC Standards

Identifying a Prosecutor in a Misdemeanor Case

Attorneys may need to contact the prosecutor in their misdemeanor case.  In addition to the County Prosecutor in State cases, there are different local prosecutors who handle misdemeanor cases.  Attorneys will need to know the prosecutor in their case for reasons that may include: serving appearances or other court documents, requesting discovery, seeking plea offers, or seeking adjournments.

Links To Prosecutor Information

The following links provide a listing of local prosecutors and their contact information.

• 41A-2 District Court, Shelby Township
• 42-1 District Court, Romeo
• 42-2 District Court, New Baltimore

Specialty Court Billing

PDF billing form for Specialty Courts (Must be downloaded to your computer and opened with Adobe Acrobat. If you don't see bold red lines around the required fields it means you are still in your browser.) 

42-1 Romeo District Court Drug/Sobriety Court

Eligible Defendants may be able to participate in the 42-1 Romeo District Drug/Sobriety Court.  An application form must be completed, and eligibility verification is required. 

Advantages of participation in the program include addressing personal needs and assisting in the disposition of the case.

16^th Circuit Court

In the 16^th Circuit Court eligible criminal defendants can participate in one of several Specialty Courts.  These Specialty Courts can be of assistance to eligible participants to address both personal needs and to assist in the disposition of their case.  The Specialty Courts include:  Adult Drug Court, DWI/Sobriety Court, Mental Health Court, Veterans’ Treatment Court, Swift and Sure Sanctions Probation Program.  Each of these could present opportunities for clients to avoid incarceration and otherwise participate in an appropriate Specialty Court program.  Negotiation with the Prosecutor could make one of these Specialty Courts an agreed part of an alternative to a jail/prison sentence.

A single form is used to apply to any of the Specialty Court programs in Macomb County.  The process for making an application to one of the Specialty Courts generally includes:

1. Placing a plea on the record;
2. Completion of the Treatment Court Application with Instructions form, (“16^th Judicial Circuit Treatment Court Application”); and
3. Submitting the form to Specialty Court Services (6^th Floor in 16^th Circuit Court Building, via fax at 586-783-8179 or by email to treatmentcourts@macombgov.org).

The application form, eligibility criteria, participant handbooks, and other detailed information is found on the 16^th Circuit Court’s website under Specialty Courts.

Acceptance into one of these 16^th Circuit Specialty Courts often results in assignment to a different Judge.

Clients should be aware that participation is voluntary.  Requirements of the Specialty Court should be reviewed with the Client prior to applying. Links to the available 16^th Circuit Specialty Courts are found below.

Adult Drug Court

DWI/Sobriety Court

Mental Health Court

Veterans’ Treatment Court

Swift And Sure Sanctions Probation Program

Specialty Courts Across the State

Statewide Veterans Courts

Statewide Mental Health Courts

Statewide Drug & Sobriety Courts