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Prosecuting Attorney
Peter J. Lucido

Request Deviation

To submit a deviation request to the Macomb County Prosecutor’s Office for review, please follow the instructions below. The deviation request process is like the discovery request process: email your request.  But you will prepare your request from a copy of the deviation request template.

Online Form

or

Download the fillable PDF…

PDF format | Preferred

File – Make a Copy…

After saving a copy of the template to your computer, complete your template document, and save your edits or scan it to your computer as a PDF.

Email the completed deviation template PDF.

deviations@macombgov.org

 

MACOMB COUNTY PROSECUTOR’S OFFICE

Deviation Request Protocol

A Defendant seeking a reduction in charges or some other relief that presents a deviation from the policies of the Macomb County Prosecutor’s Office, the Defense must complete a Deviation Request form located on the Macomb County Prosecutor’s website.

NOTE THAT an incomplete form will be rejected and returned as DENIED.

To submit a request, the Defendant (in pro per) or their Attorney MUST:

  1. Fill out all applicable fields.
  2. If the request is a deviation based on an OWI or OUID charge you MUST provide:
    1. A substance abuse evaluation for the defendant dated AFTER the charged offense indicating a low possibility of recidivism; and,
    2. Proof that the Defendant has started an approved course of therapy.
  3. Submit the completed Deviation Request Form to the Deviations email address not less than 7 days before the next scheduled court date.
  4. It will be reviewed by the assigned APA handling the case who has exclusive and sole authority to forward for further consideration or deny the deviation request.
  5. Such decision is final and not subject to appeal.
  6. After a decision is made the applicant will be provided with a copy of the approval/denial decision.
  7. UNDER NO CIRCUMSTANCE SHALL THE PROSECUTING ATTORNEY, THEIR CHIEF DEPUTY OR ANYONE ELSE ABOVE THE LINE APA ASSIGNED THE CASE BE CONTACTED REGARDING A DEVIATION REQUEST.
  8. ANY PAPERS DELIVERED TO THE PROSECUTING ATTORNEY’S OFFICE INVOLVING A DEVIATION REQUEST NOT PROCESSED AS REQUIRED ABOVE WILL BE RETURNED WITHOUT CONSIDERATION.

Subject to these changes in the deviation process, all other current policies in the Macomb County Prosecutor’s Office remain in full force and effect.

 

Feb 2, 2021