Macomb County Prosecutor's Office Gun Crime Policy Overview

gun policy The Macomb County Prosecuting Attorney has implemented a gun crime policy with the primary goal of reducing gun related crimes in the community. This policy aims to hold defendants accountable for illegally possessing guns, and addresses the important issue of mental health.

Police have expressed that the prevalence of guns is making every encounter they make more dangerous; and that a stricter stance will increase the chances to protect law-enforcement personnel and the community, and attempt to reduce gun crime recidivism.

Assistant prosecuting attorneys have some limited discretion to reduce charges in some cases, consistent with the criteria established in Macomb County Prosecutor's Office Policies. However, this discretion is limited regarding any gun-related charges. If a defendant requests a plea or deviation from any gun charge (i.e., felony firearm, CCW, armed robbery, carjacking with a firearm, assault with a firearm, or the defendant possess a firearm during the commission of a crime) it shall only be considered as follows:

1. The defense attorney (or defendant) must submit a “Deviation Request“ on the Macomb County Prosecutor’s website, and follow the instructions found there.

2. Along with the deviation request, the defense attorney (or defendant) must submit a current screening and assessment by a qualified mental health professional of his or her choosing, which could include any county agency that may provide such assessments, which includes language substantially similar to the following:

Whether or not, there are indicators of mental illness, and if so: as a result of mental illness, whether the defendant can reasonably be expected within the near future to intentionally or unintentionally, seriously, physically, injure himself, herself, or another individual, and has engaged in an act or acts, or made significant threats that are substantially supportive of the expectation.

3. The deviation will not be considered, unless approved by the assistant prosecuting attorney in charge of the case, the police officer in charge of the case, and the victim. The deviation request must then be approved by the Prosecutor's Office unit chief, and in some cases the Chief of Trials and Courts and department head.

4. If approved, the defendant must plead to a lesser gun charge.

Furthermore, the Macomb County Prosecutor’s office will ask the court to order a mental health screening and assessment as a condition of bond in all gun cases.

Macomb County Prosecutor's Office Gun Crime Policy Overview

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