Home

Personal Protection Orders

Domestic Violence

Misdemeanor Criminal Procedure

Felony Criminal Procedure

Victim Information

Staff

Local Law Enforcement

Women's Center

Columns Written by Prosecutor Bahrman

FELONY CRIMINAL PROCEDURE

• A felony case can start from a police ticket, citation, or from an arrest warrant. A warrant must be authorized by the prosecutor. These documents are filed with the district court.

• Once arrested, the defendant appears in district court for arraignment. The defendant is told the charges against him or her, and advised of their constitutional rights. The conditions and amount of bail are determined and a date is set for a preliminary examination.

• This is a contested hearing before the district court judge. The prosecutor presents witnesses to convince the district court judge that a crime was committed, and there is probable cause to believe the defendant committed that crime. The defendant is represented and can cross-examine the witnesses and present evidence.

• If probable cause is established the defendant is sent to circuit court for trial. A defendant can decide not to have a preliminary examination.

• The defendant is advised of the charges which were sent over from district court. The defendant is reminded of their constitutional rights and asked to enter a plea of guilty or not guilty to the charge. If the defendant pleads guilty a sentencing date will be set. If the defendant pleads not guilty a pretrial date will set.

• Many events can occur prior to trial. The court may hear motions to determine whether evidence can be used at trial, or whether there is some legal reason why the defendant should not be tried. The prosecutor and defense attorney will often meet to determine whether the defendant will plead guilty to the crime charged or some other offense.

• The trial can be by judge or jury. During the trial, the judge or a jury will determine whether the defendant has committed a crime, and if so, what that crime is. At trial, the prosecution must present evidence to prove the defendant’s guilt beyond a reasonable doubt. The prosecutor must call all the witnesses to the crime. The defendant is not required to prove his or her innocence, or to present any evidence.

• If the defendant is found guilty the judge will set a date for sentencing.

• This report is prepared prior to sentencing by the circuit court probation/parole agent. This report contains information about the crime, defendant’s background, and a sentence recommendation.

• At sentencing, the judge will consider the information in the presentence information report and sentencing guidelines which are established by the Michigan Supreme Court as a reference for framing an appropriate sentence. The judge may consider different alternatives such as a fine, probation, community service or a combination. The judge may also order the defendant to make restitution to any victims who have suffered physical or financial harm.

• The defendant may appeal his or her conviction to the Michigan Court of Appeals, the Michigan Supreme Court, or the United States Supreme Court.