Will Court Closures Impact Your Case?

Despite being closed to the general public, most courts throughout Michigan have remained open to handle “essential” criminal court functions, generally defined as those hearings involving defendants who are in jail/prison custody; and emergency Personal Protection Order (PPO) applications/violations.  Many other courts are still conducting hearings via Zoom or Skype technology, even allowing defendants to request resolution of their cases via online forms, plea-by-mail applications, and the like.  

Most courts have announced that the public necessity of the closures trump a defendant’s Constitutional/Statutory right to a speedy trial/disposition.  However, these speedy trial rights are reserved for those defendants who are in custody during the pendency of their case. Since courts are continuing to hold hearings for these essential cases, most speedy trial arguments are rendered moot.  Where it becomes very interesting is with JURY trials.  Right now, virtually no courts are conducting trials by jury, simply because it’s impossible to keep social distancing in the confines of a jury setting.  For those defendants who are in custody and having their jury trials postponed, they might have a speedy trial argument, at least one that might result in a lessened bail/bond or even a release from custody.  

Read more about court closures on our website!