Criminal Law

CRIMINAL PROCESS IN MICHIGAN

When a person is accused of committing a crime, the state of Michigan has a misdemeanor and felony criminal process that must be followed.

Our attorneys are experienced in all phases of the criminal process and may be able to assist you in navigating these complex procedures.


All criminal matters are commenced in the District Court for each venue.

  • Misdemeanor offenses are punishable by (1) year or less

  • Felony offenses are punishable by any term greater than one (1) year.

INVESTIGATION AND FILING OF THE CRIMINAL COMPLAINT

When a crime has been committed, an investigation is conducted by the law enforcement having authority over the geographical area where the crime occurred. After the investigation is completed, the officer in charge of the case will bring all evidence to the Prosecuting Attorney for approval for filing of the criminal complaint.

The investigation may include interviewing witnesses, gathering of evidence and/or issuing of search warrants. It is your right to seek the advice of and/or request an attorney be present during any questioning if you are a potential suspect or even a witness to a crime.

WARRANT REVIEW

In this part of the process, the prosecuting attorney reviews the law enforcement agency’s investigation and evidence and will decide if there is enough legally admissible evidence to authorize a warrant for the Defendant’s arrest. If there is enough evidence, a warrant can be issued for arrest of the Defendant. If there is insufficient admissible evidence, a warrant may be denied outright, or the investigating officer may be ordered to conduct further investigation pending reevaluation of the case. Sometimes the warrant review process or investigation can take months.

WARRANT ISSUE

If a warrant is authorized, the officer in charge takes it to the district court judge and/or magistrate having authority over the case. The judge or magistrate will review the complaint and warrant and determine whether there is sufficient cause to sign and issue the warrant. If the Defendant is already in custody, he or she will be brought before the magistrate for arraignment.

ARRAIGNMENT

During an arraignment, the charges against the Defendant are read to him/her. At this time, the Defendant has the opportunity to enter a plea to the charges listed on the warrant and is advised of the right to an attorney, a jury trial, and a pretrial examination. The judge will then set bail to ensure that the Defendant will appear in court.

For a misdemeanor charge, the Court will set the next hearing (a Pretrial, Final Pretrial and/or Jury Trial).

For a felony charge, the Court will set the next hearings, a Probable Cause Conference, and a Preliminary Examination Hearing within fourteen (14) days of the date of arraignment. A Defendant has the right to have these matters heard within that period, however, there are many circumstances, that your attorney may request an adjournment and you will be required to waive the fourteen (14) days in writing and/or in Court on the record. Your attorney will discuss this process further.

PRETRIAL

A pretrial hearing on a misdemeanor charge is typically held after an arraignment, and the Defendant will have the opportunity to take a plea. In some instances, the pretrial hearing is usually managed between the attorneys in a case and may only go on the record if a plea has been agreed upon. If the Defendant rejects a plea offer submitted by the Prosecuting Attorney, the Judge may schedule a Final Pretrial Hearing and/or set the case for Trial.

FINAL PRETRIAL

A final pretrial is typically the last available date to take a plea. If a plea is not entered, then the case is scheduled for a trial date.

PROBABLE CAUSE CONFERENCE/PRETRIAL (FELONIES ONLY)

At a Probable Cause Conference, the Defendants attorney and the Prosecuting Attorney for the State of Michigan may speak on numerous different subjects. The main ones being:

  • Plea agreements.

  • Bail or bond compliance and petitioning for a bond modification if the Defendant has not posted bail because of the high dollar amount set by the Magistrate/Judge.

  • Discussions regarding procedural aspects of the case and evidence to be admitted at the Preliminary Examination.

PRELIMINARY EXAMINATION (FELONIES)

At this time, legal counsel represents the Defendant if desired and the prosecutor is required to submit sufficient evidence to show a crime was committed and there is probable cause to believe it was committed by the Defendant. The defense will be allowed to cross examine the prosecution’s witnesses and to call their own witnesses and submit evidence on behalf of the Defendant. After submission of all evidence, the magistrate/judge may do one of three things. He or she, may find that a crime has been committed and that there is sufficient cause to believe the Defendant committed the crime. The case would then be sent to the circuit level for arraignment. Second, the magistrate/judge may dismiss the charges if there is insufficient evidence that a crime was committed and/or the insufficient evidence that the Defendant committed it. Lastly, if the magistrate/judge determines that the crime, as listed in the complaint, is not sufficiently proven but that a lesser offense was committed by the Defendant, then the magistrate/judge will bind the Defendant over for second arraignment, pretrial and trial on the lesser crime.

CIRCUIT COURT ARRAIGNMENT (FELONIES)

When a case reaches the circuit court, the charges are read to the Defendant and he or she can enter a plea. If the Defendant stands must or pleads not guilty, the case is either put on the trial docket or scheduled for a pretrial (docket call). Though Defendants rarely plead guilty at this point, if he or she does so, a sentencing date will be scheduled, and a presentencing investigation ordered.

PRETRIAL NEGOTIATIONS (FELONIES)

During this phase of the process, the defense may bring any of a number of motions to trial. Motion to Quash is when the Defendant alleges that the district court judge “abused his discretion” in binding the Defendant over for trial and therefore asks that the charges and case be dismissed. The defense may also allege that evidence obtained during the investigation was in violation of the Defendant’s civil rights and ask the court to suppress the evidence and not allow it at the trial. In a Walker Hearing, an allegation is made that the Defendant’s confession was coerced or made in a way that violated his/her constitutional rights and should therefore not be allowed at the trial.

TRIAL

The trial follows all motions and pre-trials and has several distinct stages. A trial can be conducted before a jury or a judge without a jury.

  • VOIR DIRE

This first stage involves selection of jury members. The judge and attorneys for both sides must be present and can ask prospective jurors questions to determine whether they are qualified and also unprejudiced and unbiased.

  • OPENING STATEMENTS AND PROOFS

Once jury selection is completed, prosecution and defense can make opening statements presenting a general outline of the case and their evidence. The burden of proof falls on the prosecution so they present their case first. The Defendant must be proven guilty beyond a reasonable doubt and the defense is not required to submit evidence or witnesses. However, if the defense does choose to present a defense, the prosecution may respond with rebuttal evidence, additional evidence intended to disprove evidence presented by the defense.

  • CLOSING ARGUMENTS, INSTRUCTION, AND DELIBERATION

Since the prosecution carries the burden of proof, they will present their closing argument first. After this, the defense may present its own closing argument, to which the prosecution may respond with a final rebuttal argument to the jury. Once all arguments are completed, the jury will be instructed on how they are to apply the law in their deliberations; they will then retire to deliberate on all evidence presented. The jury will return to court with a verdict which must be unanimous with all jury members in agreement. If they have found the Defendant not guilty, the case is dismissed, and the Defendant is discharged. However, if the Defendant is found guilty, he/she is entitled to appeal the verdict.

APPEAL

A Defendant is sentenced following conviction of the crime. After this sentencing, he or she is entitled to appeal to an appellate court. In Michigan, you have an “appeal of right” to the Michigan Court of Appeals. This means that following a trial, the Court of Appeals must consider your case. If you were convicted by a plea, the Court of Appeals has discretion to hear your case but is not obligated to do so.


FORMS