The following summary explains how a case generally progresses through Michigan’s criminal justice system. Local courts or judges may modify specific procedures. Procedures may be slightly different in the federal Court. This summary is for informational purposes only. It is not intended to substitute for, nor does it replace, the advice of a licensed attorney. If you’ve been charged with a criminal offense in the Detroit Metro area, you can contact the Law Office of John Freeman to discuss the specifics in a free consultation.
Crime Alleged / Police Notified
Police Investigate
The investigation may include interviewing victims, witnesses, and suspects; collecting physical evidence; visiting, viewing, photographing, and measuring the crime scene; identifying suspects; conducting line-ups, etc.
The police do not have to inform a person that they are the target of an investigation. In certain circumstances, even the police may not know who the ultimate target will be. In addition, the police are not required to be truthful when speaking to suspects or witnesses. Depending on the circumstances, the police are not required to advise persons of their rights to remain silent, to have a lawyer, etc. The real world is not like television. he police never read a suspect their rights. Therefore, even if you are told that you are simply a witness, it may be critical that you have legal representation before speaking to the police.
What to say if the police wish to speak with you, regardless of whether it is before, during, or after an arrest:
- You will have my full cooperation within 24 hours
- I want to speak with my attorney.
- I will not answer any questions.
- I will not make a statement at this time.
Police Make an Arrest (or Request a Warrant)
When a police officer believes a crime is committed in their presence — or the officer believes he/she has probable cause to believe that certain misdemeanors or any felony was committed that the officer did not see happen — an officer may arrest a suspect on the spot without an arrest warrant. The factors that determine whether an arrest is made on the spot vary from case to case, police department to police department, and even officer to officer. In addition, the quality of the police investigation leading to an arrest can range from extensive and professional to almost non-existent. If an arrest is made immediately, the officer will later submit a charging/warrant request to the Prosecuting Attorney, suggesting potential charges to be authorized.
Warrant/Charging Request Reviewed by Prosecuting Attorney
Most cases enter the court system when the police request a warrant from the county prosecutor. Often, this is the first time the prosecuting attorney’s office becomes involved in the case. The strength of the case depends largely on the quality—or lack thereof—of the police investigation. At this stage, the prosecutor determines whether a person should be charged with a crime and, if so, which charge or charges are appropriate.
The prosecutor is expected to review thoroughly all reports and records related to the case, including witness statements. The prosecutor should—but does not always—review the suspect’s and witnesses’ prior criminal and traffic records and speak personally with the witnesses. Occasionally, the reviewing prosecutor returns the case to the police for additional investigation.
Warrant Issued
The prosecutor may authorize a charge if they reasonably believe there is probable cause. Although prosecutors are not required to do so, they should apply a higher standard by considering whether the charge can be proved beyond a reasonable doubt at trial based on the information known at the time.
Suspect Arrested (If Not Already in Custody)
The amount of time between the date of the alleged crime and the defendant’s arrest on an authorized charge can vary widely. Delays may occur if, for example, the defendant’s whereabouts are unknown, the defendant has left the State of Michigan, or the police or prosecution encounters other delays.
District Court Arraignment
An arraignment is the first court appearance in a misdemeanor or felony case. Once arrested and charged with a felony, the accused appears in District Court for arraignment. The defendant is informed of the charges and the maximum possible penalty if convicted and is advised of their constitutional rights, including the right to a jury or bench trial. The defendant may be appointed an attorney and is presumed innocent. The charging document is called a complaint.
The judge determines the amount and conditions of the bond. In some cases—generally depending on the nature of the charge—the judge may impose conditions, such as prohibiting contact with the alleged victim or requiring the defendant to pay a sum of money to secure their release. The defendant must use their own resources to post bail to be released.
Because bond decisions are largely based on information from the police and prosecution, it is critical for the accused to have legal representation at arraignment. The likelihood of receiving a reasonable bond may diminish when a defense attorney is not present.
All subsequent pretrial procedures depend on whether the accused is charged with a felony or a misdemeanor. It is critical to have an attorney at every stage of any criminal case, whether it involves a misdemeanor or a felony. Even a seemingly minor misdemeanor can have significant adverse consequences for an individual’s future, including consequences related to education, employment, professional licensing, reputation, and immigration status.
Misdemeanor
At a misdemeanor arraignment, the accused may plead guilty, plead not guilty, or stand mute. Standing mute means remaining silent and is treated by the court as a not-guilty plea. If the defendant pleads guilty or no contest, the judge may sentence the defendant immediately or schedule a later sentencing hearing. A later hearing allows the probation department time to prepare a presentence report containing background information about the defendant and the offense, along with a sentencing recommendation. If the defendant stands mute or pleads not guilty, the case will be scheduled for a pretrial conference.
Pretrial Conference
All misdemeanor cases are scheduled for a meeting between an assistant prosecuting attorney and the defendant or the defendant’s attorney to determine whether the case will proceed to trial or be resolved through a plea. These meetings focus on resolving the case without a trial. The judge and witnesses are not directly involved in misdemeanor pretrial conferences. If the prosecutor intends to offer a plea agreement, the offer is generally made at this stage.
Pretrial Proceedings
Many other events may occur before the trial. Depending on the nature of the case, the court may hold pretrial hearings addressing constitutional issues involving confessions, searches, identifications, or other matters. These issues are presented to the court through written motions, such as a motion to suppress evidence. The judge must determine whether evidence will be admitted or suppressed at trial, whether a legal reason prevents the defendant from being tried, and what other rules will govern the trial.
Felony
At a felony arraignment in District Court, the defendant does not enter a plea of guilty or not guilty. The defendant is advised of the right to a preliminary examination within 14 days after the arraignment. At this time, the arraigning judge may also consider the defendant’s request for a court-appointed attorney.
Pre-Examination Conference
Some courts schedule a pre-examination conference several days before the preliminary examination. Like a misdemeanor pretrial conference, the pre-examination conference is a meeting between the prosecutor and the defendant or the defendant’s attorney to determine whether the case can be resolved without subpoenaing witnesses for the preliminary examination.
Felony Preliminary Examination
A felony preliminary examination, sometimes called a probable-cause hearing, is a contested hearing before a District Court judge held within 14 days of arraignment. The prosecutor presents witnesses to establish probable cause to believe that the charged crime or crimes were committed and that the defendant committed them.
Because the burden of proof is substantially lower than it is at trial, the prosecutor generally does not call every potential witness at the preliminary examination. Typically, the alleged victim, some eyewitnesses, and certain police witnesses testify. Through an attorney, the defendant may cross-examine the prosecution’s witnesses and present evidence, including defense witnesses.
If probable cause is established, the defendant is “bound over,” or sent, to Circuit Court for trial. If the judge determines that probable cause does not exist for the charged crime or crimes, the judge may bind the case over on different charges, reduce the charges to misdemeanors for trial in District Court, or dismiss the charges. A defendant may waive the right to a preliminary examination. Many felony cases reach Circuit Court after such a waiver.
Circuit Court Arraignment
After the case is sent to Circuit Court, the defendant is arraigned again and receives formal notice of the charges. The charging document is called an information. The defendant is again advised of their constitutional rights and enters a plea of guilty, not guilty, or standing mute.
Pretrial Conference
The Circuit Court may schedule a meeting between an assistant prosecuting attorney and the defendant’s attorney to determine whether the case will proceed to trial or be resolved through a plea.
Pretrial Proceedings
The Circuit Court judge may be asked to resolve various pretrial issues. These decisions may determine whether the case proceeds to trial, is resolved through a plea, or is dismissed. The judge may also decide whether particular evidence will be admissible at trial and establish other rules governing the proceedings.
Trial (Jury or Bench)
A trial is an adversarial proceeding in which the prosecutor must present evidence proving the defendant’s guilt beyond a reasonable doubt. The defendant is not required to prove their innocence or present evidence, but may challenge the accuracy and sufficiency of the prosecution’s evidence.
Both the defendant and the prosecutor, who represents the People of the State of Michigan, have the right to a jury trial. Sometimes, both sides agree to allow a judge to hear the evidence and decide the case without a jury; this is called a bench trial. In a jury trial, the jury is the trier of fact. In a bench trial, the judge serves as the judge. After the evidence is presented, the judge or jury determines whether the prosecution has proved that the defendant committed the charged crime.
A jury trial generally proceeds as follows:
- Residents of the local county are randomly selected from a Secretary of State list of licensed drivers and summoned to court as potential jurors.
- A blind draw selects 12 potential jurors in felony cases and six in District Court misdemeanor cases.
- During voir dire, the judge, prosecutor, and defense attorney question the potential jurors about their backgrounds and beliefs.
- The attorneys are permitted a limited number of peremptory challenges and an unlimited number of challenges for good cause.
After 12 or six jurors remain, the judge administers an oath to the jury and provides basic instructions about the trial process.
- The prosecutor gives an opening statement outlining the People’s case and anticipated evidence.
- The defense may give an opening statement at that time or wait until later in the trial
- The prosecutor calls witnesses, whom the defense may cross-examine
- The People close their proofs
- The defense may call witnesses, whom the prosecutor may cross-examine
- The defense rests
- The prosecutor may present rebuttal witnesses or evidence to challenge the defense’s evidence
- The prosecutor rests
- In some cases, the trial judge may permit the defense to present surrebuttal witnesses or evidence in response to the prosecutor’s rebuttal evidence
- The prosecutor presents a closing argument to the jury
- The defense attorney presents a closing argument to the jury
- The prosecutor may present a rebuttal argument responding to the defense attorney’s closing argument
- The judge gives the jury detailed legal instructions regarding the charged crimes and the deliberation process
- The jury deliberates and returns a verdict
- A jury’s verdict in a criminal case must be unanimous
Presentence Investigation and Report
If the jury returns a unanimous guilty verdict, the court’s probation department prepares a report for the judge summarizing the offense and the defendant’s personal and criminal history. Generally, the victim is contacted and invited to provide input regarding the sentence. The probation officer concludes the report with a sentencing recommendation.
Sentencing
Sentencing in Michigan varies by offense and can be one of the most confusing parts of the criminal process. In most cases, the sentence is within the judge’s discretion. The judge considers the information in the presentence report, subject to factual corrections by the parties; additional evidence offered by the parties; comments from the crime victim; and other information relevant to the sentencing decision.
In felony cases, the Circuit Court judge consults the sentencing guidelines. These guidelines consider aspects of the defendant’s criminal conduct and prior record to help determine the minimum jail or prison sentence. The judge may consider several sentencing options, including a fine, probation, community service, jail, prison, or a combination of these penalties. The judge must also order the defendant to pay restitution to victims who have suffered financial harm.
Appeals
Appeals from the District Court are heard in the Circuit Court. Appeals from Circuit Court or Probate Court orders are heard in the Michigan Court of Appeals. Appeals from the Court of Appeals are heard by the Michigan Supreme Court.
There are three types of appeals: interlocutory appeals, appeals of right, and appeals by leave.
Interlocutory Appeal
An interlocutory appeal occurs when a party seeks to appeal a judge’s decision before the case goes to trial or before the trial is completed.
Appeal of Right
An appeal of right occurs after the trial court enters a final order, such as a sentencing order or an order dismissing the charge. An amendment to the Michigan Constitution eliminated most appeals of right for defendants who plead guilty. Consequently, many appeals of right focus on the sentence imposed.
Appeal by Leave of the Court
An appeal by leave occurs when an appeal of right is unavailable, such as when a party fails to file an available appeal of right on time. The appellate court has discretion to deny the application or grant leave to appeal.
If the appellate court grants leave to appeal, the defendant and prosecutor file briefs summarizing the facts, identifying the legal issues to be decided, and presenting persuasive written arguments supported by constitutional provisions, statutes, and prior judicial decisions. Either party may request oral argument before the appellate judges.
The appellate court will eventually issue a written opinion—or multiple opinions if the judges disagree. Not all appellate opinions are published in official reporter services, such as the Michigan Reports or Michigan Appeals Reports. Published opinions generally carry greater precedential authority than unpublished opinions.
Discuss Your Case In A Free Consultation
To take advantage of a free phone consultation with our experienced criminal defense attorney, call our Bloomfield Hills, Michigan, office at 248-250-9950. If you’re experiencing an emergency, call 248-250-9950 for a quicker response. You can also contact us via email.