Deviation request protocol
If you seek a reduction in charges or some other relief that presents a deviation from the policies of the Macomb County Prosecutor’s Office, then the defense must follow the deviation request process.
To submit a request, the defense attorney (or defendant in pro per) must:
1. Submit a Deviation Request form not less than seven days before the next scheduled court date. An incomplete deviation request form will be rejected and returned as denied.
2. For any case involving a gun, the defense attorney (or defendant) must also 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 assessment contains 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.
Also, If a deviation request involving a gun charge is approved, the defendant must plead to a lesser gun charge.
3. For any case involving an OWI or OUID charge, the defense attorney (or defendant) must also submit a current substance abuse evaluation for the defendant dated AFTER the charged offense occurred, indicating a low possibility of recidivism; and, proof that the defendant has started any recommended approved course of therapy.
4. Complete the this deviation request form, and any screening or evaluation or treatment documentation to deviations@macombgov.org.
After the deviation request is received by the Prosecutor's Office:
The deviation request will be reviewed by the assigned APA handling the case, who has exclusive and sole authority to forward it for further consideration, or deny the deviation request. The unit chief or anyone else above the assistant prosecutor handling the case will not reverse an assistant prosecutor’s decision to deny a deviation request.
The deviation will not be approved, 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.
The applicant will be notified of the decision to approve or deny the deviation request.