Judge Diane D’Agostini of the 48th District Court in Bloomfield Hills

The Bloomfield Hills District Court is located at 4280 Telegraph Rd, Bloomfield Twp., MI 48302. The 48th District Court handles misdemeanor charges and the initial stages of all felony cases in that jurisdiction.

West Bloomfield Criminal Defense Attorney

The Honorable Diane D’Agostini

Here is what you need to know about Judge Diane D’Agostini in Bloomfield Hills. She was a career prosecutor, and she is a no-nonsense law-and-order judge. Although her reputation is for being a “prosecution friendly” judge, she will consider creative, credible arguments presented by talented and experienced defense attorneys.

Judge D’Agostini is one of three district judges in the 48th District Court in Bloomfield Hills, Michigan. The judges serve the communities of Bloomfield Hills, Bloomfield Township, Birmingham, Keego Harbor, Orchard Lake, Sylvan Lake, and West Bloomfield Township. Judge D’Agostini was elected in November 2000 and has been re-elected every six years since. The court is located at 4280 Telegraph Rd, Bloomfield Twp, MI 48302.

Temperament and Policies

An attorney familiar with Judge Diane D’Agostini in Bloomfield Hills knows she has a pleasant demeanor but has zero-tolerance for unprepared attorneys, defendants who do not strictly obey pretrial release orders, or who violate probation. She will not tolerate excuses or outlandish explanations for violating court orders. Although a former career prosecutor, she will entertain legal arguments from knowledgeable and creative defense attorneys. She is not a rubber stamp for the prosecutor. If a defendant commits any misstep while under her supervision, they had better have the best and most respected defense attorney available by their side, or they can count on an extended stay at the Oakland County Jail.

Education and Background

Judge D’Agostini received her college degree from Wayne State University and her law degree from the Detroit College of Law, cum laude. She then continued her legal studies at the prestigious Oxford University in England.

Judge D’Agostini began her legal career as an assistant Oakland County prosecutor, in which position she served nine years. During her time there, she held several positions, including stints in the Warrant, District Court, and Circuit Court divisions. She served as Chief of the Parole Appeal Section, where her job was to block the parole release of violent felons.

Community Involvement

Judge D’Agostini is keen to educate youths about the law and the court system in Bloomfield Hills, Michigan. She instituted a program called “Order in the Court,” a 4th Grade student program where local students come to her court and see how the court works. A question and answer session follows where students may ask the judge questions. She also holds court sessions at schools in the 48th District Court’s area, where students can see drug and alcohol abuse ramifications.

Judge D’Agostini was given the “Esteemed Woman in 2016” award by the Gary Burnstein Community Health Clinic. In 2016 she was awarded the “Distinguished Alumna of Mercy High School” recognition. She also has been given the Domestic Violence Prevention Award by the Oakland County Coordinating Council Against Domestic Violence.

Types of Criminal Cases Handled by Judge D’Agostini

In addition to their civil law dockets (lawsuits), district judges preside over civil infractions (tickets that do not involve potential jail sentences), misdemeanors (potential of up to 1 year in jail and up to 2 years of probation), and preliminary felony matters. District judges may handle criminal cases with a possible jail penalty of up to 1 year in jail and felony preliminary exams and arraignments. Some examples of misdemeanors are:

Aside from possible jail sentences, misdemeanor sentences might include fines, costs, and usually court-supervised probation. For most defendants convicted of a first or second misdemeanor before Judge Diane D’Agostini in Bloomfield Hills, probation may be the worst aspect of a sentence. Probation supervision can entail up to 2 years of court-imposed obligations such as counseling, drug and alcohol testing, community service, tether, house arrest, loss of driving privileges, forced work or education, and possible frequent reporting in-person to a court probation officer.

Domestic Violence 1st Offense in Bloomfield Hills
Operating While Intoxicated 1st and 2nd Offense (OWI)
Assault and Battery
Minor Drug Possession or Use Cases
Driving While License Suspended
Retail Fraud (Shoplifting) 2nd and 3rd Degree
Violation of Probation

A few examples of felonies for which a preliminary exam may be scheduled are:

Felonious Assault
Felony Retail Fraud
Operating While Intoxicated 3rd Offense
Retail Fraud 1st Degree
Home Invasion
Homicide
Criminal Sexual Conduct
Child Pornography

Arraignment on a Felony or Misdemeanor Before Judge Diane D’Agostini

The first time a defendant may encounter Judge Diane D’Agostini in the 48th District Court in Bloomfield Hills is at the arraignment. The arraignment is a critical stage in a case because the judge will set a bond. If the defendant can post the bond, they will be able to stay out of jail during the case’s progression. If not, they will remain in jail. Many factors go into a judge’s consideration of what the bond should be. One of the most significant factors is whether the defendant has a respected and experienced retained lawyer. Representation by a known, reputable, retained lawyer is essential for obtaining a reasonable bond because it demonstrates that the defendant intends to participate in court proceedings and not flee.

Preliminary Examination in the 48th Judicial District Court

The preliminary exam is the next stage of a felony case handled by a district judge. At a preliminary exam, the prosecutor must produce enough evidence to prove the commission of a crime and probable cause to believe the defendant committed it. Felony cases in district court are rarely dismissed after a preliminary exam because the prosecutor’s burden of proof is so low. It takes a very skilled and savvy defense attorney to achieve a dismissal at the preliminary exam. If the prosecution meets its burden, the district judge will “bind over” the case to the circuit court for final disposition.

In cases where the evidence is overwhelmingly against the defense, a skilled and tenacious defense attorney may convince the prosecutor to reduce the charge to a misdemeanor (a plea- bargain). If the prosecutor reduces the charge to a misdemeanor, Judge Diane D’Agostini in Bloomfield Hills will accept the defendant’s plea and handle the sentence. Plea bargains are rare because prosecutors in Oakland County typically have very restrictive policies on plea-bargaining; however, a crafty and savvy defense lawyer gives the defendant the best shot at getting a great plea bargain and lenient sentence.

Bond Violations and Judge Diane D’Agostini in Bloomfield Hills

Judge Diane D’Agostini in Bloomfield Hills is known for dramatically increasing bonds, even based on minor, technical bond violations. Defense lawyers unfamiliar with her proclivities are often caught flat-footed when she orders a surprising increase in their client’s bond. When a client faces a bond violation allegation, their lawyer must prepare for a fight and base any arguments on corroborated facts and solid legal arguments.

Premier Michigan Defense Attorneys for Judge Diane D’Agostini in Bloomfield Hills

LEWIS & DICKSTEIN, P.L.L.C.’s Bloomfield Hills defense attorneys, have great experience in Judge D’Agostini’s courtroom, and we have had great success there. We believe we have a mutually respectful relationship with her and her court staff. Judge D’Agostini knows that when an attorney with our firm appears in her court, she can expect a superbly prepared and professional attorney of the finest legal caliber.

The devoted, highly experienced, and top-rated defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented hundreds of clients in the 48th Judicial District Court and countless cases before Judge Diane D’Agostini in Bloomfield Hills. We have earned our unparalleled reputation as lawyers who provide the highest quality defense and aggressive representation while showing concern and personal attention to each client.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.