Judges of the 16th District Court

Judge Richard L. Hammer has been the judge at the 21st District Court since 1990. He won his most recent election in 2020, and his term will continue until 2027.

Judge Hammer obtained both his undergraduate and law degree from Detroit Mercy.

The procedure for a criminal case at the 21st District Court is as follows:

Arraignment at the 21st District Court

The first time you appear in court on a criminal matter is called the arraignment. At an arraignment you will be told what criminal charges you are facing and what the maximum  penalty is. The judge is only required to make sure you understand the charge, he is not looking to see if you agree with it. This hearing can take place in person or over video. 

In most misdemeanor cases the 21st District Court will allow your lawyer to waive your arraignment and jump ahead to the pre trial. Many times your arraignment and pre trial will be combined into a single court date for efficiency.

The judge will also address bond at arraignment. Bond is a promise to return to court and may require you to pay money to the court along with other conditions. for instance, a condition of a drunk driving case may be not to drink alcohol or use drugs and test for the same. In a retail fraud case a condition may be to stay out of the store you were accused of stealing at. 

Pre Trial at the 21st District Court

If your arraignment did not include a pretrial, you will get a date to come back to the court. 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. The main goal, is to see if a dismissal or favorable deal can be worked out. If you cannot agree with the prosecutor’s offer and do not want to accept a plea, your case might be set for a motion, evidence hearing, or trial.

Motions and Evidentiary Hearings

These hearings do not occur in every criminal case. Motions and hearings regarding evidence challenge legal theories, not facts. Facts, for the most part, can only be challenged at a trial.

Trial at the 21st 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 21st 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 21st District Court, Garden City a has its own prosecutor. Certain misdemeanor charges and all felony charges in the City will be 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 Garden City

Hemming Polaczyk Cronin Wiffhoff Bennett & Demopoulos PC 217 Ann Arbor Rd W Ste 302 Plymouth, MI 48170

Prosecutor for the State of Michigan

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

Drinking and Driving – Not Guilty

Our client was charged with drinking and driving. After inconsistent statements by the police and witnesses we were able to convince the court that our client was not guilty. He walked out of court a free man.