CRIMINAL CASE INFORMATION
Misdemeanor - Is a crime punishable by up to one year in the county jail. All misdemeanors are handled in the district or municipal courts.
Felony - Is a crime punishable by more than one year (up to life) in the state prison. Felony cases begin in the district court. After preliminary examination, all further proceedings for a felony case are handled in the circuit court.
Arraignment - This is the first opportunity for a defendant to appear in court after being arrested. At this stage, the charges and penalties are read and a plea is requested. The Defendant will want to enter a plea of not guilty or stand mute so that he or she can consult with an attorney for advice. The Judge will also set a bond at the arraignment. For felony cases, the preliminary examination date is scheduled. For misdemeanor cases, a pretrial conference may be scheduled at this time or a notice provided at a later date.
Bond - An amount of bail or bond is set by the Judge based upon certain criteria, including but not limited to: the nature of the offense, the past criminal record of the accused, and the financial ability of the accused. Bond amounts are stated as follows: PERSONAL bond (not requiring the money to be posted), TEN PERCENT bond (requiring that ten percent of the stated bond be posted), a CASH bond (requiring the posting of cash only in the amount of the bond) and/or a SURETY bond (requiring the services of a bondsman).
Plea Bargaining - Can occur at any stage of a criminal case whereby the defense attorney negotiates the best possible plea for a client. The vast majority of criminal cases are resolved by plea bargaining. This process may result in a plea to a lesser offense, or to lesser punishment. In some cases, plea bargaining may result in a felony being reduced to a misdemeanor or to a lesser felony.
Preliminary Examination - (only for felony prosecutions) After arraingnment, this is the next proceeding which occures in the district court. The purpose of the preliminary hearing is for the prosecutor to show that there is probable cause to believe that the defendant committed the crimes which are charged. A defense attorney will use the preliminary examination to lock in the testimony of witnesses and to flush out the prosecutor's case.
Trial - The accused in a criminal case has a right to a trial by a jury pursuant to the U.S. Constitution. The defense attorney plays a special role in the jury selection process. In certain cases, the accused may have the case heard before the Judge without a jury. A person accused of a crime is presumed inncoent and this presumption continues throughout trial and entitles a defendant to a verdict of not guilty unless a judge or jury is satisfied beyond a reasonable doubt that he or she is guilty. A verdict of guilty or not guilty in a criminal case must be unanimous. A jury which is unable to reach a verdict is said to be deadlocked. Pursuant to the 5th Amendment of the U.S. Constitution, a defendant has an absolute right not to testify at trial.
Sentencing - In felony cases, the Judge must order a defendant convicted of a felony to undergo a presentence investigation prior to sentencing. A presentence investigation is discretionary for misdemeanors. The presentence investigation is conducted by the probation department assigned by the court. Information is collected based upon the past history of the defendant and a report is provided to the Judge, and defendant at the time of sentencing. Other sentence considerations include sentence guidelines and specific provisions within certain statutes which allow for sentence enhancements or habitual offender status.
Holmes Youthful Trainee Act - This is a special status for your offenders ages 17 but before 21st birthdate. This allows a criminal offense to be resolved without entering judgment of conviction and with dismissal upon compliance with terms and conditions as stated by the court. MCLA 762.11
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