Benton Harbor Criminal Defense Attorney
Benton Harbor sits across the St. Joseph River from St. Joseph, at the junction of I-94, I-196 and US-31 — a city where three major highways meet. I am Shawn Haff, and I defend people charged with crimes throughout Benton Harbor and Berrien County. If you have been arrested, or you know you are under investigation, talk to a defense lawyer before you talk to anyone else. The call is free and I am available 24/7 at 616-438-6719.
Where Your Benton Harbor Case Will Be Heard
Berrien County runs its courts as a single Berrien County Trial Court — the 2nd Circuit and 5th District Courts under one administration — with two courthouses: St. Joseph, at 811 Port St, and Niles, at 1205 N Front St. Which one hears a criminal case is set by the court's own administrative order and turns on where the offense is charged as having happened, not where you live. There is no courthouse in Benton Harbor. Criminal cases from the city are heard across the river at the St. Joseph Courthouse, 811 Port St.
Knowing the building is the easy part. What matters is knowing how that particular bench handles a first offense, which prosecutor has room to negotiate, and what the local diversion options actually are — see my 5th District Court page for how these cases run.
The Charges I See Most in Benton Harbor
The city is policed by the Benton Harbor Department of Public Safety on East Market Street, and the surrounding township and highways are worked by the Berrien County Sheriff and troopers from the MSP Niles Post. Because I-94, the start of I-196 and US-31 all converge here, a large share of cases begin as highway stops — OWI, drug and weapons charges found in a vehicle — alongside the domestic, assault and property cases any city of this size sees.
- Drug possession and delivery or trafficking charges from highway and city stops
- Firearm charges, including carrying a concealed weapon and felon in possession
- OWI and drunk driving on I-94, I-196 and US-31
- Domestic violence and felonious assault
- Driving on a suspended license
- Fleeing and eluding and probation violations
What Is Actually at Stake
Weapons charges carry some of the harshest mandatory terms in Michigan law. If a gun is charged alongside any other felony, felony-firearm adds a mandatory two years that must be served before, and in addition to, the other sentence — which gives prosecutors enormous leverage in plea negotiations. The best counter to that leverage is a hard look at the stop and search that produced the gun, because an unlawful search can take the firearm out of the case entirely.
What to Do Next
Do not explain the gun, the bag or the car to anyone — including on a jail phone, which is recorded. Write down who owns the vehicle, who else was in it, and exactly what the officers said and did before the search. Possession is often the weakest part of a vehicle case.
Frequently Asked Questions
Is there a court in Benton Harbor?
No. Benton Harbor criminal cases are heard at the St. Joseph Courthouse, 811 Port St, St. Joseph, one of the two courthouses of the Berrien County Trial Court.
A gun was found in a car I was riding in. Can I be charged?
You can be charged, but being near a gun is not the same as possessing it. The prosecution has to prove you knew about the firearm and had the power and intent to control it. In a car with several people, that proof is often thin — and the legality of the stop and search is a separate line of defense.
What is felony-firearm?
It is a separate charge for possessing a firearm while committing or attempting a felony. A first conviction carries a mandatory two-year prison term that runs consecutively to — before and in addition to — the sentence for the underlying felony. Fighting the underlying felony and the possession element is how that exposure is reduced.
Talk to a Benton Harbor Defense Lawyer Today
A criminal charge moves fast, and the first days matter most. Call me directly at 616-438-6719 for a free, confidential consultation — 24 hours a day, 7 days a week.