The criminal process in Michigan starts with a complaint and a warrant. These are based on a police report that is turned into the prosecutor’s office requesting that charges be authorized. Once the charges are authorized, a warrant is generated, allowing the police to pick you up and lodge you at the jail. Once you are arrested on the complaint or turn yourself in, you are formally arraigned by either a judge or a magistrate and bond is discussed. Depending on the nature of the charges, your criminal history, and your employment and living situations, you may be granted a PR bond – that is bonded on your personal recognizance without money required – or a money bond is set.

Misdemeanors

If the complaint is for a misdemeanor crime – a lesser crime generally punishable by less than one year in jail – the next step is a pre-trial, a chance for your attorney to meet with prosecutors and talk about your case and possible resolutions. Before your attorney meets with the prosecutors, she should file an appearance and request discovery – information about the case such as the police report, any video, lab reports, or other evidence that the prosecution intends to admit at trial. This gives the defense attorney a chance to see the evidence against you and determine the best strategy to move forward. At the pre-trial, the prosecutor will make a plea offer on your case. Depending on the evidence and circumstances, this offer may be a reduced charge, a differed or delayed sentence, or no offer at all, and may include other terms as well. Your attorney will bring the offer back to you and discuss your options and possible outcomes as well as make a recommendation to you. Ultimately, it is your decision on how you move forward. If you accept the offer, you go in front of a judge and enter a plea - either guilty or no contest – to the offer. If you reject the offer, the case is set for a second and/or final pre-trial – giving one more chance to reach a resolution before trial - and scheduled for either a bench or jury trial. If the case is not resolved, it goes forward and is heard at either a bench – no jury – or jury trial.

Felonies

If the complaint is for a felony crime – a more serious crime punishable by up to life in prison – the next step is a probable cause conference and preliminary exam. The probable cause conference/preliminary examination must be held within twenty-one days of arraignment by law, unless that time is waived by the defendant. A probable cause conference is the first opportunity for your defense attorney to advocate for you. Similar to a pre-trial, this is an opportunity to make a deal to resolve the case and to see the evidence that the prosecutor intends to use at trial. If the case is not resolved at the probable cause conference, it is set for a preliminary examination. A preliminary examination is like a mini-trial where the prosecution puts on sufficient witnesses and testimony to show that the crime has been committed and whether there is probable cause to believe that the defendant (you) are the one who committed the crime. If the judge finds sufficient probable cause, the case is bound over to circuit court for further proceedings. Once the case has been bound over to circuit court, the defendant is re-arraigned on the charges and the case is set for pre-trial. At the pre-trial, the prosecutor will make a plea offer on your case. Depending on the evidence and circumstances, this offer may be a reduced charge, a differed or delayed sentence, or no offer at all, and may include other terms as well. Your attorney will bring the offer back to you and discuss your options and possible outcomes as well as make a recommendation to you. Ultimately, it is your decision on how you move forward. If you accept the offer, you go in front of a judge and enter a plea - either guilty or no contest – to the offer. If you reject the offer, the case is set for a second and/or final pre-trial – giving one more chance to reach a resolution before trial - and scheduled for either a bench or jury trial. If the case is not resolved, it goes forward and is heard at either a bench – no jury – or jury trial.

Sentencing

If you agree to a plea or are found guilty at trial, the next stage is sentencing. Prior to sentencing, you will have to meet with the probation department to complete a pre-sentence investigation. This allows the court to get more information on you and your circumstances, such as information about the crime, your criminal history, and your background. Within the pre-sentence investigation report is a recommendation made to the judge regarding your sentence. Additionally, the victim of your crime may submit an impact statement to the probation officer to be included in the report. Once the pre-sentence investigation report is completed and submitted to the court (your attorney will receive a copy), the judge will render a sentence. The sentence may include a fine and/or a term in jail or prison as well as restitution to the victim.

Appeals

If you pled guilty to a plea agreement, you are not permitted to appeal your case absent extraordinary circumstances. However, if you are found guilty at trial, you have a right to an appeal and must serve notice that you are planning on appealing within twenty-one days of the verdict. This is done by filing notice with the court as well as paying the required fees.