The Michigan Criminal Justice System

Having a criminal charge brought against you can be an emotionally draining and difficult process, particularly if you are a first offender. The terminology and proceedings associated with a criminal case can be confusing. The following is meant to be a basic overview of what you can expect to happen in a Michigan court if you have been charged with a felony or misdemeanor.

Keep in mind that every case is different and you should consult with an experienced Michigan criminal defense attorney regarding the specifics of your charge. The attorneys at Jeffrey Buehner, PLLC have over 23 years of experience with the criminal justice system – we can help protect your rights and your freedom.  Call now for a free consultation: (248) 865-9640.

The Police Investigation

Generally, a case begins when someone reports to the police that a crime was committed or when something occurs in the presence of a police officer that constitutes a crime. A police investigation can involve a wide variety of activities including interviewing witnesses, gathering physical evidence, conducting suspect lineups, executing search warrants and surveillance.  Having the police following you around or interviewing your friends and co-workers can be extremely unnerving.

A police officer isn’t necessarily going to inform you that you are a suspect. In fact, they may mislead you to give the impression that someone else is the target. Or you may not even know you are being investigated until after you’ve been arrested. Moreover, even when you know that you are being investigated, the police may not tell you that your case has been closed. Dealing with the police during an investigation is best done through a criminal defense attorney.

It is perfectly natural to be nervous when you are approached by the police with questions. When you are nervous and apprehensive, you aren’t likely to make sound choices. Before you start answering questions, keep in mind that you have Constitutional rights including the right to remain silent, the right to counsel and the right to be free from unreasonable searches and seizures.  Don’t compromise those rights by trying to handle a police investigation on your own. We can protect your rights and assist you with the investigation.

Arrest

In some cases, the police will arrest you because you’ve committed a crime in their presence. For example, if the police observe you driving an automobile while your license is suspended, you are going to be arrested as soon as they determine that your license is not valid. In other cases, the police will have to compile enough evidence to convince the prosecutor or city attorney that they have sufficient evidence to show that there is probable cause to believe you committed a crime.

Once a complaint (the charging document) is authorized by the prosecutor, the police can arrest you. Depending upon the nature of the crime, you may simply receive notification in the mail that you’ve been charged with a crime, instructing you regarding the process for voluntarily turning yourself in for booking and arraignment.  However, in some cases, particularly serious felony offenses, the police may come to arrest you.

After arrest, the police will book you. Booking is the process in which the police take your basic contact information, your fingerprints and your mugshot (photograph). In some courts you will be released from the police department to appear in court for your arraignment, but in other courts, the police take you into custody and transport you to court for your arraignment.

Misdemeanor District Court Process

All criminal cases, both felony and misdemeanor charges, begin in the District Court where the crime was alleged to have been committed. The subsequent process after arraignment is different for a felony than a misdemeanor.

Arraignment

The first court appearance for a person charged with a criminal offense is the arraignment hearing.  The purpose of an arraignment hearing is to inform the accused of the nature of the charge, the maximum penalty if convicted, their constitutional rights and to set bond. If the court releases you on a personal recognizance bond, you won’t have to post any bail. If the court requires a cash or surety bond, you will have to post bail in the amount set by the court before being released from police custody. Once a person is arraigned, the matter is set for a pretrial conference if the charge is a misdemeanor. If any of the charges are felony charges, a probable cause conference will be scheduled (see below).

Pretrial Conference

A pretrial conference is a court-scheduled meeting between the prosecutor and defense attorney. If there is a possibility of resolving a case, it is often achieved at a pretrial conference. Plea agreements and sentencing agreements are some of the mechanisms used to resolve cases at a pretrial. If the matter is able to be resolved, at the pretrial, a guilty or no contest plea is entered by the defendant in court and the matter is scheduled for sentencing. If the prosecutor and defense counsel are unable to settle the case, the matter gets set for trial or for additional pretrial conferences.

Trial

There are two types of trials: a bench trial and a jury trial. In a bench trial, the judge determines the verdict. In a jury trial, a jury of citizens from the community determines the verdict.

In a criminal trial, the prosecutor has the burden of proving beyond a reasonable doubt that the defendant committed the crime charged. The prosecutor may attempt to prove their case through a wide variety of methods including eye witness testimony, direct and circumstantial evidence, expert witness testimony and the defendant’s own statements.

The burden of proving guilt is on the prosecutor – a defendant doesn’t have to prove anything. Because of the fact that you a criminal case involves something Americans hold dear – our freedom, the prosecutor is held to the highest standard under the law: Beyond a reasonable doubt. Many cases that look strong on paper, fall apart in court when the witnesses are subjected to cross examination by a skilled criminal defense trial attorney. The attorneys at Jeffrey Buehner, PLLC have decades of experience trying and winning criminal trials.

If the defendant is found not guilty, the case is concluded and the defendant’s bond is released. If a jury is unable to reach a verdict (called a hung jury), the trial court will declare a mistrial. Various outcomes can come as a result of a mistrial, including the prosecutor offering a more favorable plea agreement, the case being dropped or the case may be retried. The final outcome of a mistrial will largely be dependent upon how the facts appeared at the first trial.

Sentencing

If a plea of guilty or no contest is entered or if a defendant is found guilty after trial, the case will be set for a sentencing hearing. In some courts, if the charge was not particularly serious and the defendant does not have a lengthy criminal history, the judge may proceed to sentencing on the same day that the plea was entered. In most circumstances, however, the sentencing hearing is set for a date after the plea or verdict in order that a presentence investigation report can be completed.

A presentence investigation report is a report created by a probation office that is provided to the judge, prosecutor and defense counsel at sentencing. The report is written after the probation officer interviews the defendant. The presentence investigation report will contain background information regarding the defendant including mental health history, drug or alcohol abuse history, education, prior criminal convictions and a recommendation from the probation officer regarding the sentence to be imposed and the rationale for their recommendation.

Defense counsel and the defendant will have an opportunity to review the presentence investigation report prior to sentencing. If there are any errors or omissions, they can be addressed in court.

In court at sentencing, both the prosecutor and any victims will have the opportunity to address the judge regarding sentence. Defense counsel is then given an opportunity to allocute (advocate) on behalf of their client. Effective advocacy at sentencing can make a huge difference in the sentence a judge imposes. Providing the judge with mitigating factors such as extenuating circumstances, drug or alcohol issues or advising the judge of the impact a recommended sentence will have on a defendant’s job and family, may convince a judge to impose a more lenient sentence. After all parties have spoken, the judge determines the sentence. The sentence imposed by the judge can include fines, costs, jail, probation and terms of probation including drug and alcohol testing, community service and counseling.

Felony District Court Process

Once a defendant is arraigned on a felony charge in District Court, the court will set two dates: a probable cause conference and a preliminary examination. Both hearings are conducted in District Court.

Probable Cause Conference

A probable cause conference is a meeting between the prosecutor and defense counsel. The purpose of a probable cause conference is to determine if there is any possible plea agreement that could resolve the case in District Court. If there isn’t, the Defendant either waives the preliminary examination or proceeds to preliminary examination at a subsequent date (usually a week later).

Preliminary Examination

A preliminary examination is a hearing where the prosecutor must present evidence to the District Court judge to prove that there is probable cause to believe that the defendant committed the felony they are charged with. In some cases, a defendant waives the preliminary examination. If the defendant waives the preliminary examination or the District Court judge determines the evidence proves probable cause, the matter is bound over to Circuit Court.

Felony Circuit Court Process

Circuit Court Arraignment

After the case is bound over to Circuit Court, the case is scheduled for a Circuit Court arraignment. The defendant is once again apprised of the nature of the charges, given a new copy of the charging document and, so long as there haven’t been any bond violations, bond will be continued.

In some cases, a plea agreement and/or sentence agreement can be negotiated at the arraignment. If so, a plea of no contest or guilty is entered at the arraignment and the process is basically the same as sentencing in District Court. If it can’t be resolved at arraignment, it follows the same path as a district court case: a pretrial conference (or conferences), plea or trial and a subsequent sentencing if convicted.

Top Oakland County Criminal Lawyers

Successfully negotiating your way through the perils of the Michigan criminal justice system requires experience, knowledge and skill. If you are being investigated by the police or have been charged with a crime, you want the best criminal attorneys fighting for your rights and your freedom: call Jeffrey Buehner, PLLC at (248) 865-9640 now for a free consultation.