Frequently Asked Questions


I have been charged with a crime in Marquette County. How can they charge me with this?

The Prosecuting Attorney is the SOLE decider of whether to charge a county resident of a violation of Michigan law. This means that if the Marquette County Prosecuting attorney has reason to believe that a crime has been committed in violation of Michigan law within the borders of the county, he, or his assistant Prosecuting Attorneys, may bring those charges against a criminal defendant.  If a Misdemeanor is alleged, the Defendant is entitled to a trial in District Court, and if a Felony is alleged, then the Defendant is entitled to a trial in circuit court after having had a Preliminary Exam before the District Court judge who will determine that probable cause exists to proceed with the prosecution.

Do I have an open warrant?

Warrant status is public record and you can check with the District (906.225.8235) or Circuit (906.225.8330) Courts for the most accurate information. 

You may also check HERE. (This information may not be as up-to-date as calling the Courts.)

When is my next court date?

Check these locations for your next hearing dates;

My next hearing is in District Court.

My next hearing is in Circuit Court.

I am the alleged victim of charges against someone.
How do I get the charges dismissed?

Prosecutions are entirely up to the Prosecutor. You may wish to contact the Marquette County Prosecutor and request that charges be dropped. 

If your statement to police was inaccurate or false, then it would certainly help our clients if you would put that in writing and submit a copy of your new statement to the Prosecutor’s office as well as our office. False statements to police officers can be prosecuted on their own. You should consult a lawyer if you have questions.

How do I get a “No-Contact” order lifted?

Requests to lift no-contact orders should be addressed to the proper court with copies to the prosecutor’s office and to this office. It is up to the court as to whether the judge chooses to lift this type of bond or sentence provision.

I was subpoenaed to come to court, what do I have to do now?

A subpoena is a court order. For the most part, if you are properly served, then you must comply. But, Michigan law states that every witness must be served personally, with a check to pay mileage, at least 2 days prior to a court hearing in order for there to be a possibility for that witness to face contempt. OR he/she must receive a mailed copy with a check, or if the witness returns the proof of service card (signed by the witness) to acknowledge service. Generally, if service has not been in that manner, then no penalty can be sought against the witness for failure to comply as the service will be deemed inadequate. 

ANY QUESTIONS ABOUT WHETHER YOU NEED TO COMPLY WITH A SUBPOENA SHOULD BE ASKED OF YOUR ATTORNEY.

Following is a copy of the relevant portions of the Michigan Court Rules for your review.

MCL Rule 2.506 Subpoena; Order to Attend

(C) Notice to Witness of Required Attendance.

(1) The signer of a subpoena must issue it for service on the witness sufficiently in advance of the trial or hearing to give the witness reasonable notice of the date and time the witness is to appear. Unless the court orders otherwise, the subpoena must be served at least 2 days before the witness is to appear.

 (G) Service of Subpoena and Order to Attend; Fees.

(1) A subpoena may be served anywhere in Michigan in the manner provided by MCR 2.105. The fee for attendance and mileage provided by law must be tendered to the person on whom the subpoena is served at the time of service. Tender must be made in cash, by money order, by cashier’s check, or by a check drawn on the account of an attorney of record in the action or the attorney’s authorized agent.

 MCL Rule 2.105 Process; Manner of Service

(A) Individuals. Process may be served on a resident or nonresident individual by

(1) Delivering a summons and a copy of the complaint to the defendant personally.

MCL Rule 2.105 Process; Manner of Service

(A)(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2)

MCL Rule 2.506 Subpoena; Order to Attend

(G)(2) A subpoena may also be served by mailing to a witness a copy of the subpoena and a postage-paid card acknowledging service and addressed to the party requesting service. The fees for attendance and mileage provided by law are to be given to the witness after the witness appears at the court, and the acknowledgment card must so indicate. If the card is not returned, the subpoena must be served in the manner provided in subrule (G)(1).

Finally, the witness does not have any obligation to answer the door for police officers, nor is anyone required to speak to officers if that person does not wish. 

THIS MAY BE DIFFERENT FOR ANYONE OUT OF JAIL ON BOND, PROBATION, OR PAROLE.