Judges of the 16th District Court

Judge Sean P. Kavanagh, a private practice lawyer that moved on to become the Livonia City Attorney for more than 10 years before being elected to the 16th District Court in 2008.

Judge Kathleen J. McCann, a former Livonia school teacher that went onto the Wayne County Prosecutor’s office and then onto private practice before being elected to the bench in 1994.

The procedure for a misdemeanor criminal charge at the 16th District Court is as follows:

Arraignment at the 16th District Court

This is the first time you will appear in the court and come in front of a judge or a magistrate. At arraignment you will formally be told what criminal offense you are being accused of and what the maximum possible penalty is that you are facing. The judge is not asking if you agree with it or not, just simply if you understand it or not.

In most misdemeanor cases the 16th District Court will allow your lawyer to waive your arraignment and jump ahead to the pre trial. There are strategic reasons why you may or may not want to do waive your arraignment.If you were not finger printer and photographed when you were first arrested or ticketed you will likely have to report to the Livonia Police Department for processing before your first appearance at the court. Once you are done being processed you will usually be allowed to leave the police station and head over to the court for your hearing.

The judge will also address bond at this stage. Bond is a promise to return to court and may require you to pay money to the court along with other conditions such as random alcohol or drug testing.

Pre Trial at the 16th District Court

After your arraignment you will get a date to come back to the court. The next stage is the pre trial. At the pre trial your lawyer will speak with the prosecuting attorney, that is the attorney who is trying to convict you of a crime and see what can be worked out. If the parties cannot agree on anything then the case may be set for a motion, evidentry hearing, or trial.

Motions and Evidentiary Hearings

These hearings do not occur in every criminal case. They challenge legal issues like probable cause and reasonable suspicion but do not challenge facts. Facts, for the most part, can only be challenged at a trial.

Most motions are the 16th District Court are set as evidentiary hearings in criminal matters. This means that the arresting officer, or witnesses for the prosecution will have to appear and testify. You can think of it as a mini trial.

Trial at the 16th District Court

There are two types of trials, a bench trial where the judge will decide the facts of the case as well as the law, or a jury trial where the jurors will decide the facts and the judge will decide the law. If you are found guilty you will proceed to sentencing, if you are found not guilty then you are free to go. Most criminal charges are resolved without trial.

Sentencing at the 16th District Court

If you lose at trial, or if your lawyer works out a plea for you where you get some kind of deal then your next hearing will be the sentencing. Sentencing can be as simple as paying a small fine, or it can be the other end of the spectrum where you have to serve jail time.

In some cases you may be able to have your sentencing hearing the same day as your pre trial if your attorney has worked out a plea for you. This is very convenient for people who cannot miss additional time off work or live away from the court’s jurisdiction.

The prosecutor is the attorney that represents the city or state government and is against you. At the 16th District Court, the City of Livonia has its own prosecutor. Certain misdemeanor charges and all felony charges in the City of Livonia are handled by the State of Michigan Prosecutor’s Office.

Prosecutors work closely with police departments and their goal is to enforce the law. You should never talk with the prosecutor without your lawyer present. Any admission you make will be used against you.

Prosecutor for The City of Livonia

City of Livonia Corporation Counsel 33000 Civic Center Drive Floor 4 Livonia, MI 48154

Prosecutor for the State of Michigan

Wayne County Prosecutor, Kym L. Worthy 1441 Saint Antoine Street Frank Murphy Hall of Justice Detroit, mI 48226

Like many sobriety court programs, the 16th District Court’s Sobriety Court is broken up into phases. As a person moves from one phase to the next the level of supervision decreases while the person gains special privileges like the ability to drive.

Livonia Sobriety Court Eligibility

You must live in the jurisdiction or a bordering city of the 16th District Court to be accepted. While it is not a written rule, many will who apply will be turned down for this program unless they are a repeat offender.

16th District Court Sobriety Court Program

PHASE I: The first phase is 3-4 months long and requires weekly probation meetings, two review hearings before the Judge, 90 12-step meetings within 90 days with sponsorship, compliance with substance abuse/mental health treatment, daily alcohol and drug testing and monthly attendance at the CHANGES mentorship program.

In order to qualify for driving privileges, verified through secretary of state, you must first document full-time employment and/or part-time employment with college attendance, which must be reviewed and approved by the Court prior to obtaining the Ignition Interlock Device.

Any participant who is not employed may be ordered to community service hours until employment is obtained, unless physically or mentally disabled. You will not be granted travel permission, unless documented proof of travel is a mandatory work-related travel request.

PHASE II: The second phase is 4-6 months long and requires 90 days of sobriety and compliance with the terms listed in phase one. You will continue with all the requirements listed in phase one and you will receive incentives throughout phase two, which may include: a reduction in alcohol/drug testing, reduction in 12-Step meeting attendance, reduction in court required attendance (2x/month to Ix/month) and reduction in weekly probation appointment.

PHASE III and IV: The third and fourth phases vary in length based on compliance in the program and will include all the program requirements listed in phase one with continued reductions, as listed in phase two.

Any non-compliance will result in sanctions imposed including: jail, voluntarily work program, increased testing, phase demotion, increased 12-step meeting, relapse prevention referral, etc.

In order to successful graduate from the program, you must achieve 90 days of sobriety, successful completion of substance abuse/mental health treatment, complete 12-step meeting requirements and any other terms imposed by the Court.

Domestic Violence – Not Guilty

Our client was accused by his ex-girlfriend of assaulting her by slapping her around and shoving her face in cat litter. He was charged with domestic violence. We held a highly contested jury trial, and after a long cross examination of the ex-girlfriend we were able to show the jury that her story was not to be trusted. Our client was found not guilty.

Unarmed Robbery – Dismissed

Our client was charged with a 15-year felony for unarmed robbery. After numerous meetings with the prosecuting attorney we were able to convince the prosecutor to dismiss the charge, and seal the clients record.

Domestic Violence – Not Guilty

Our client was accused by his wife of assaulting her and was charged with domestic violence. We held a trial, and our client was acquitted of the charges.

Possession of drugs – Dismissed

Livonia Police illegally prolonged the stop of our client and ultimately discovered illegal drugs. We proved to the prosecuting attorney that the search for the drugs was illegal and the case was dismissed.

Driving on Drugs – Dismissed

Our client was involved in an accident that involved prescription medication. After filing a motion to dismiss the prosecutor agreed with our argument and resolved the case with a non-substance related offense.

Violation of Probation – Dismissed

Client was on probation for a violation of local business laws, including the handling of dogs. Her probation was violated for selling dogs in a new jurisdiction. We challenged the violation at a hearing and won. The violation of probation was dismissed.

Brandishing a Firearm – Dismissed

Our client pulled a gun and pointed it to the ground after he felt threatened by another driver in a road rage incident after an accident. Off-duty police witnessed the encounter and initially claimed they did not see our client point the gun. On the day of trial the off-duty officer claimed he did see our client point the weapon at the other party. This testimony could have lead to more serious charges. Minutes before trial the prosecutor agreed to dismiss the criminal case.