Criminal Cases

What to Expect

All criminal cases begin in the District Court; however, violations that are classified as felony cases are transferred to the Circuit Court after the District Court conducts a preliminary examination. A defendant can waive a preliminary examination and proceed with the case in Circuit Court. Cases that are classified as misdemeanor violation remain in the District Court.

A District Court Judge or Magistrate sets the bond amount on all criminal cases. Some minor offenses have a standard bond set by the judges allowing arrestees to post a bond almost immediately without the necessity of going to jail. Offenses that are a more serious nature require the defendant to remain in jail after their arrest until a judge or magistrate sets the bond. The amount of the bond is determined by the degree of risk a defendant poses to his/her victim or society and the likelihood of the defendant appearing for future court appearances. Defendants posing high risk in these areas may have a higher bond set. In many cases, a District Court Probation Officer will conduct an investigation, called bond screening, into the defendant’s history of prior criminal acts, violent nature, employment, family connections, and substance abuse issues. The findings of this investigation are reported to the judge or magistrate prior to setting the bond to help determine the defendant’s inclination to commit further violent acts or evade further court proceedings.

The defendant’s first appearance in court is called an arraignment. The defendant may be in jail and brought to the arraignment proceeding by the sheriff or the defendant may have posted bond and appears for arraignment on a set date. If the defendant is in jail at the time of the arraignment the defendant’s bond will be set and the defendant will be advised of their rights, asked if they need an attorney and asked if they wish to plead guilty or not guilty to the charge. If the defendant is not in jail at the time of arraignment then it is likely that a bond has been set. The procedure is the same, other than the bond, for the defendant that is not in jail as it is for the defendant that is in jail.

If the defendant pleads not guilty at arraignment the matter will be scheduled for a pre-trial conference. The pre-trial conference is set so that the prosecutor or city attorney can review the charge with the defendant and/or the defendant’s attorney. In many cases, the pre-trial is the point in time when the defendant will agree to plead to a charge that is less serious than original charge. This practice is commonly referred to as plea-bargaining. If the prosecutor and the defendant do not agree to a lesser charge the case is then scheduled for a trial. A series of arguments, scheduled before the judge, may be scheduled prior to the trial. These arguments usually concern issues over what evidence is going to be presented at the trial. These arguments are called motions.

The trial can be held before the judge alone or in front of a jury. A trial where the judge decides guilt or innocence of the defendant is called a bench trial. If the trial is held before a jury, the facts are evaluated and presented to the jury panel to determine whether or not the defendant is guilty or innocent.

If the defendant is found not guilty at trial then the case is over for the defendant. If the defendant pleads guilty prior to trial or is found guilty at the trial then the defendant is sentenced. In accordance with MCR 1.110, all fines, costs and other financial obligations imposed by the court must be paid at the time of assessment. A sentence may include all or part of the following: payment of fines, costs, jail time or probation. If the defendant caused a monetary loss to a victim then the defendant is sentenced to provide restitution to the victim for the victim’s loss. A sentence of probation is an alternative to placing the defendant in jail. Usually, a defendant on probation must report to a probation officer on a regular schedule. The defendant is given terms of his probation that include not committing further crimes, not using alcohol or drugs and the attendance at a treatment program. If a term of the probation is violated the defendant may be placed in jail.