What to Expect in the 48th District Court Bloomfield Hills Michigan

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How the Court Works and What You Should Know About Your DUI or Criminal Case

If you’re like most of our clients, and you’re facing a case in the 48th District Court in Bloomfield Hills, you probably feel overwhelmed thinking about what is ahead of you. But if you were arrested for DUI/OWI, a misdemeanor, or even a felony, knowing what to expect, and how the court operates, can make a real difference in how you feel and how your case unfolds.

The 48th District Court serves Bloomfield Hills and the surrounding communities of Birmingham, Bloomfield Township, West Bloomfield, Orchard Lake Village, Keego Harbor, and Sylvan Lake. It handles criminal cases (from arraignment to sentencing for misdemeanors), preliminary exams for felonies, traffic offenses, civil matters, and more.

Over decades of practice in this court, we’ve guided many clients through their cases with clarity and confidence and helped them achieve the best possible outcomes given their circumstances. This includes trials ending in total acquittal of all DUI related charges, to non-jail and other remarkable results at sentencing.

What Happens First: Arraignment and Early Steps

The first time you will appear in the 48th District Court is at arraignment. This is where the Magistrate formally reads the charges, explains your rights, and sets conditions of bond.

If you haven’t already, it’s important to read our article on Criminal Arraignment in Michigan, First Court Appearance so you know what to bring, how to prepare, and what questions to ask.

Arraignment is an important stage in the proceedings that will set the tone for what happens later, such as alcohol testing, travel restrictions and other factors. It is important to have your attorney present for this hearing.

After the arraignment, which is conducted before a magistrate, your case will be assigned to one of the three judges. There is no way to influence which judge the case gets assigned to as this is a random “blind draw” selection.

Once arraigned, your case will be set for a pretrial conference before the judge to whom your case was assigned. While some cases can resolve early, most require multiple pretrials where your attorney and the prosecutor discuss evidence, defenses, and possible resolutions. For more information on the applicable criminal procedure, see: What are the Michigan Rules of Criminal Procedure?

The Judges of the 48th District Court — What You Should Know

There are three judges in the Bloomfield Hills District Court: Judge Diane D’Agostini, Judge Marc Barron, and Judge Kimberly Small. Michigan Court Rule (MCR) 8.111 mandates that trial courts assign cases by random lot at the time of filing to ensure impartial distribution, therefore, your case is randomly assigned to one of the three judges, and each has a distinct background and approach.

Judge Diane D’Agostini

Judge D’Agostini has served on the bench for many years and has repeatedly been entrusted by the Michigan Supreme Court as Chief Judge. She has also been involved in community-based court programs and is thoughtful in managing cases. While she expects accountability, she also appreciates when defense counsel presents a clear understanding of case issues and practical next steps.

In DUI cases, she is attentive to case facts and expects defense counsel to know the evidence before the court.

Judge Marc Barron

Judge Barron was a career prosecutor with the Oakland County Prosecutor’s Office before taking the bench. That background means he is deeply familiar with criminal evidence and case strategy from both sides of a case.

In DUI or other criminal matters, he values precise presentation of the record and often pushes both sides to clarify issues early in the case.

Judge Kimberly Small

Judge Small has presided in the 48th District Court for many years and is often perceived as a “tough” judge, especially in DUI cases. She strongly believes in all factors applicable to fashioning an offender’s sentence in a DUI case, including deterrence and punishment.

But that perception can be misleading and it does not mean jail time is automatic in a DUI case. While she may impose stern sentences when facts justify them, she is also fair and careful to apply the law consistently.

Importantly, Judge Small will hold police to constitutional standards. The firm has secured dismissals in this court when arrests were unlawful or traffic stops lacked proper basis, including dismissals under her bench when the evidence did not support continued prosecution.

Also, note that Judge Small favors Zoom hearings for nearly all court matters, including arraignment, pretrial and even sentencing in criminal cases.

This combination of high standards and strict fairness is part of what makes the 48th District Court unique.

DUIs in Bloomfield Hills – Am I Going to Jail?

Nothing about a DUI case is “automatic” – not conviction, not jail, not steep penalties. But outcomes do depend on factors including:

  • whether the traffic stop was lawful

  • what the officer observed and documented

  • your behavior during standardized field sobriety tests

  • chemical test results

  • your criminal history, if any

  • your post-arrest behavior, including efforts toward recovery and rehabilitation where warranted

For a deeper dive on recovery and rehabilitation, see: I Was Arrested for Drunk Driving, Should I go to AA?

In this court, even first-offense DUI cases can carry the possibility of jail, but they do not inevitably result in incarceration. In fact, recent Michigan law changes create a rebuttable presumption against incarceration for most misdemeanor DUI offenses, meaning judges must articulate “reasonable grounds” for jail if they impose it,  a low standard, but not automatic.

One of the strategies our firm often uses is to challenge the legitimacy of the traffic stop or arrest. In some cases, this has led to dismissals even in serious matters.

For a deeper look at how DUI cases unfold after arrest, including timing and best practices to minimize stress and risk, read How Long After My Michigan DUI Arrest Will I Actually Get Charged?

What the Prosecutors Are Like Here

Depending on the jurisdictional detail of your arrest, your case may be prosecuted by either:

  • the Oakland County Prosecutor’s Office, or

  • a municipal/local prosecutor assigned by contract for a specific township or city.

From our experience, these prosecutors are professional and reasonable in negotiation. They know the judges, they know the court’s schedules, and they know what preparation looks like. But they also understand that when a defense attorney is prepared, credible, and ready to litigate, better resolutions happen more often than not.

Frequently Asked Questions

Q: Do all first-offense DUI cases in Bloomfield Hills result in jail time?
A: No. While the possibility of jail is higher here than in many courts, it is not automatic. The judge must find reasonable grounds to impose incarceration in most misdemeanor DUIs, and judges often impose probation, fines, or community sanctions instead.

Q: Can a defense attorney appear for me if I can’t go to every hearing?
A: No — unlike in some States, like California, you must appear with your lawyer at all pretrial conferences, sentencing, etc. But, while your physical presence is required your lawyer handles the interactions with the prosecutor, court staff, judge, etc.

Q: Can evidence be excluded if the police acted improperly?
A: Yes. Challenging the legality of a traffic stop or arrest can lead to suppression of evidence, which sometimes results in dismissals — even in DUI cases. The firm’s work in cases dismissed for unlawful stop shows this can be a powerful defense when appropriate. The same is true relative to the chemical tests, such as the breath or blood test. When these are suppressed, the charge is usually significantly reduced.

Final Thoughts

The 48th District Court in Bloomfield Hills is one of Michigan’s more active and closely watched courts for criminal and DUI cases. Judges here expect preparation and professionalism, and they apply the law with careful judgment.

If you are facing a DUI or other criminal charge here, early preparation and a defense strategy that meets the court’s expectations matter greatly. That is why many people facing these charges choose experienced counsel, someone who knows the court, the judges, and how to present your case clearly and confidently. Barone has appeared in the 48th District Court for almost 4 decades. He also grew up in the area, and even went to school with some of the Judges or their families.

If you want help understanding your case, preparing for your hearings, and moving forward intelligently, contact us for a free, no-obligation consultation. You don’t have to go through this alone, and the right guidance can make all the difference.