Judge James B. Brady

Judge James Brady was elected district judge in November 2002. Before being elected to the bench, Brady served as a magistrate at the court for 17 years. In addition, Brady worked as a prosecutor for Oakland County and was in private practice for years.

Judge Brady is active with the State Bar of Michigan’s Fitness Committee, the Oakland County Bar Association, the Michigan District Judges Association and the Oakland County District Judges Association.

Brady is a graduate of the University of Michigan and obtained his Juris Doctor degree in 1979 from Wayne State University Law School.

Brady can be a tough judge but he is fair and will listen to legal arguments. Brady is one of the better district court judges to be in front of in Oakland County.

Judge Marla E. Parker

Judge Marla Parker has served as a judge at the 47th District Court for more than 16 years. Prior to being elected to the bench, Judge Parker worked in private practice and as the court’s magistrate.

Judge Parker is a member multiple legal associations such as the Oakland County Bar Association, the Women’s Bar Association, the National Association of Women Judges, and the American Bar Association. Judge Parker is also an active member in her community as she serves on the Board of the Farmington Hills/Farmington Community Foundation as well as the Exchange Club and the Call-to-Action Coalition.

Judge Parker holds a Bachelor’s degree from the University of Michigan and a Juris Doctor degree from Wayne State University Law School.

The procedure for a misdemeanor criminal charge at the 47th District Court is as follows:

Arraignment at the 47th 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 47th 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.

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.

If you were not taken into custody by police and booked, which includes having your photo taken and finger prints taken, the court will send you over to the Redford Police station before your case will be called. to complete the booking procedure.

Pre Trial at the 47th 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 47th 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 47th 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 47th 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.

The prosecutor is the attorney that represents the township or state government and is against you. At the 47th District Court, the City of Farmington and Farmington Hills have their own prosecutor as well as the State of Michigan. One year misdemeanor’s and felonies are handled by the State of Michigan’s 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 Farmington and Farmington Hills

Rosati Schultz Joppich & Amtsbuechler PC. 27555 Executive Dr., Ste 250, Farmington Hills, MI 48331 (248) 489-4100

Prosecutor for the State of Michigan

Oakland County Prosecutor, Jessica R. Cooper 1200 N Telegraph Rd., Pontiac, MI 48341 (248) 858-1000

According to the 47th District Court’s annual report, the 47th District Court Sobriety Court is a post-plea, four phase program created to protect society and reduce crime by targeting substance abuse and addiction through intervention, treatment and offender accountability. Under strict court supervision, participants must comply with court-ordered requirements including substance abuse treatment, alcohol/drug testing, and education and life skill development. The program is designed to span 24 months.

To be eligible, a defendant must be charged with a drunk- driving offense, be a resident of either Farmington or Farmington Hills, and meet one or more of the following eligibility criteria:

• Blood-Alcohol Content of .15% or greater at arrest
• Addiction assessment score of 3 or greater
• Prior record of alcohol related offense(s)
• Sobriety Court team discretion

Through 2018, there have been 88 program graduates. Of those completing an exit questionnaire, 99 percent indicated the program was helpful, with 74 percent saying it was very helpful. In addition, 99 percent indicated that completing the program would improve their chances of remaining clean and sober in the future, with 84 percent indicating they felt it would greatly improve their chances of remaining clean and sober.

Domestic Violence – Dismissed

Our client was accused by his wife of assaulting her and was charged with domestic violence. In addition to being charged with a crime our client was not a United States citizen, which made matters worse. Luckily, we were able to obtain a dismissal and a sealed record.

Domestic Violence – Dismissed

Farmington Police were called after our client’s husband had accused her of domestic assault. We set the case for trial and before witnesses could be called the prosecutor dismissed the case.

OWI .17 High BAC – Multiple Reductions

Through the years we have represented countless clients accused of OWI with a High BAC at the 47th District Court and obtained significant reductions and avoided jail time even when the case appeared unbeatable.