What Causes a Court Backlog in Michigan?

In Michigan, like in most states, court dockets fill quickly. The summer months typically bring a slight slowdown in court activity. Fewer trials are set, vacation schedules reduce staff and judge availability, and non-urgent hearings often get pushed to fall.

When September comes around, courts are hit with a traffic jam of cases. These include older matters delayed throughout the summer, brand-new misdemeanor filings, and felony cases bound over from district to circuit courts.

Several key factors contribute to the September criminal court backlog in Michigan:

• Increased Summer Arrests: From DUI arrests to assault charges at parties, the summer season brings higher arrest volumes.
• Limited Judicial Availability: Judges and court staff often take vacation time over the summer, so fewer court dates are available.
• Scheduled Trials Get Postponed: Courts try to schedule more trials into the fall calendar once all parties are back and available.
• New Prosecutor Policies: Some county prosecutors introduce new charging policies in the fall, which can increase the number of formal complaints and warrants.

All of this means that courts like the 35th District Court in Plymouth or Wayne County Circuit Court are dealing with courtroom traffic jams come September—and your case may have to wait.

How a Court Backlog Changes Your Criminal Case Timeline

Whether you’re charged with retail fraud, driving while license suspended, or possession of a controlled substance, you’re likely hoping for swift resolution. The truth is, court delays don’t just slow things down—they can change strategy, increase stress, and even affect your ability to get favorable results.

1. Delayed Arraignments

If you’ve recently been arrested or received a notice to appear, expect increased wait times just to be arraigned. In some jurisdictions in Michigan, arraignments that should happen within a week could be scheduled out three weeks or more.

For in-custody defendants, this can raise concerns about prolonged jail time before even seeing a judge. For those out on bond, the waiting period adds unnecessary anxiety and uncertainty.

2. Longer Waits for Pretrial Hearings

Once you're arraigned, the next official step is usually a pretrial hearing—a date for your attorney and the prosecutor to discuss the case, share discovery, and begin negotiating potential outcomes.

In a court with a full docket, however, your pretrial may be set a full month away. If more information needs to be exchanged, another pretrial may need to be scheduled, kicking the can down the road.

3. Delay in Resolving Motions

Let’s say you have a motion hearing pending—maybe it’s to suppress evidence or challenge an illegal arrest. Under normal timelines, a judge would hear that motion within weeks. In a September backlog, important legal motions might not be heard for months, delaying your case’s resolution.

4. Jury Trials Are Bumped

This is perhaps one of the most significant effects: if you’re holding out for a trial and plan to avoid a plea, prepare for delay. The more cases that settle or plead out, the easier for courts to move files. But if you’re holding the line at trial—and many do when innocent or offered poor plea deals—you could be looking at trial dates several months out.

5. Bond Conditions Drag On

The longer your case is delayed, the longer you're under conditions of bond. For many of our clients in Plymouth or Livonia, this means mandatory alcohol testing, curfews, no-contact orders, or even house arrest. A longer case timeline means enduring these restrictions well beyond what should be necessary.

Should You Change Your Defense Strategy Because of a Backlog?

That depends. Some clients see opportunity in delay. Others suffer more from the uncertainty. Here are a few ways your defense lawyer might adapt strategy in light of a court backlog:

Speed Up a Resolution

If the prosecution has offered a decent plea deal and you're anxious to move on, your attorney might prioritize shortening the timeline. In that case, letting the prosecutor know you’re open to early resolution can help secure a quicker pretrial date or even move up court scheduling.

Leverage the Delay for a Dismissal

At the same time, backlog can benefit defendants with borderline cases. Prosecutors often reassess older files. If the case is weak, evidence is missing, or witnesses are uncooperative, a defense lawyer may use the delay to seek a dismissal or favorable plea—especially if the case has been aging poorly in a busy court's pile.

Extend the Timeline for Investigation

Another potential benefit for defendants is time—more time to gather evidence, submit FOIA requests, collect witness statements, and review police reports thoroughly. It gives your defense attorney a stronger position to plan ahead and protect your rights.

Emphasize Pretrial Motions

In some instances, your attorney may file more aggressive pretrial motions. If courts are taking longer to schedule these, there may be a window to push for suppression of evidence, ask for case dismissal based on procedural flaws, or challenge testing methods—especially in DUI or drug cases.

What Type of Criminal Charges Are Most Affected?

The September backlog affects most types of criminal cases, but some tend to experience more significant delays due to procedural steps or court backlog trends.

• OWI and DUI Charges: These cases often involve chemical testing evidence and motions to suppress. The delay affects lab backlogs as well as court dockets.
• Retail Fraud: High volumes of shoplifting arrests from malls and stores typically balloon toward the end of summer and get processed by fall, culminating in longer queues.
• Domestic Violence: These cases tend to be fast-tracked, but trust us—if evidence is in dispute or your accuser isn't cooperating, resolution will still fall victim to overall court congestion.
• Felony Offenses: Felonies needing preliminary exams often face continuances as both district and circuit courts juggle calendars.

Whether your charge is serious or not, the best defense strategy begins by knowing what you're up against and avoiding unnecessary plea deals made out of frustration or fatigue.

How Are Local Courts Like Plymouth, Livonia, and Westland Affected?

In the 35th District Court—which serves the cities of Plymouth, Canton, and Northville—we’ve seen judges making extra efforts to manage caseloads, but there's only so much they can do with a full docket. Preliminary exams that used to be scheduled within 14 days might be scheduled out a month or longer.

Livonia's 16th District Court and Westland's 18th District Court are no different. District courts are often juggling landlord-tenant proceedings, traffic violations, and civil suits—all while managing swelling criminal dockets.

Circuit courts feel the pressure too. In Wayne County Circuit Court, felony trials—especially those involving co-defendants or forensic evidence—may face delay due to calendar conflicts with other matters like homicide or robbery cases that take precedence.

What Should You Do if Your Criminal Case Is Delayed?

First, don’t panic. Backlogs are frustrating, but they don’t necessarily weaken your case. If anything, they give your attorney more time to research, negotiate, gather evidence, and expose weak spots in the prosecution’s case.

Make sure you communicate regularly with your criminal defense lawyer. If bond conditions are harming your ability to work or support your family, your attorney can file a motion to ease some restrictions while awaiting trial or sentencing.

Importantly, use the time wisely. Stay out of trouble, attend counseling or substance abuse treatment if recommended (even voluntarily), and follow court orders to the letter. Judges notice when clients take initiative, even during delay.

If you're tired of waiting and think about pleading guilty “just to get it over with,” stop and call us first. We can explain all your options and help you understand the long-term consequences of a guilty plea—on your record, job, and freedom.

Talk to a Michigan Criminal Defense Lawyer

The bottom line: Court delays are real, they’re frustrating, and they’re affecting thousands of pending criminal cases across Michigan. But a good defense lawyer knows how to use those delays to your advantage, protect your rights, and keep your case moving forward in a way that benefits you.

If you're facing charges and dealing with the impact of a court backlog, now is the time to reach out. Criminal defense lawyer Aaron J. Boria has represented clients in Plymouth, Canton, Livonia, Westland, and across southeastern Michigan—with real results and a track record we're proud to stand behind.

If you're looking for a skilled Michigan criminal lawyer, we’re here to help you. Call (734) 453-7806 today for a free consultation. Let’s talk about your options, your defense, and how to protect your future starting now.

Conclusion

Don't let Michigan’s September court backlog work against you. While the system may be slow, your defense doesn't have to be. With the right strategy, delays can buy you time and improve your chances at a better outcome. Stay informed, stay in contact with your lawyer, and most importantly—don’t give up hope.

If you or someone you care about needs a trusted advocate to get through these slow-moving courts, contact Boria Law. We’ve been helping people across Michigan get results when the odds feel stacked against them.