Police investigate to determine if a crime has been committed and gather evidence to determine who is responsible. This investigation can be completed in a matter of minutes, or it can last for several months or years, depending upon the case. Once the police feel that they have enough evidence against a suspect, they submit the case to the prosecutor. The prosecutor evaluates the evidence and decides what charges, if any, to file.

When the prosecutor authorizes a complaint and warrant, the police officer appears in court to file the complaint and asks the court to sign a warrant. This warrant starts the case and allows the police to arrest the suspect and bring this suspect to court. It is important to hire a criminal defense attorney as soon as you know that you are under suspicion for a crime. In many cases, a good attorney can see to it that charges are never filed against you.

Arraignment and Preliminary Examination

Once a person is brought to court, he or she is arraigned. At an arraignment, the person is notified of the charges against them and a bond is set by the judge or magistrate. The bond can be a personal recognizance bond or a cash or surety bond. Depending upon the nature and the amount of the bond, the person may be released from jail directly from the court after arraignment, or later that day. There are usually terms or restrictions that are given for the person to comply with bond, once they are released.

For felony cases, after arraignment, the next step is the preliminary examination. This is a preliminary hearing, where a judge hears testimony and decides whether or not there is enough evidence for the case to proceed to trial. This is a very important step in the legal process and should not be waived without first consulting with an experience criminal defense attorney.

Pretrial Conference

In misdemeanor and felony cases, there is a pretrial conference held before trial. The pretrial conference is where the defendant and his or her attorney tell the court what they want to do. The person can decide to plead guilty or go to trial. This is a very important step in the process as well.

The consequences of a guilty plea usually affect the person for the rest of their life. All possible defenses should be discussed with an experienced criminal defense attorney, before taking this important step

Trial

Trial is the next step after a pretrial conference in both misdemeanor and felony cases. The Sixth Amendment of the United States Constitution and the Michigan Constitution, both guarantee your right to a jury trial.

In Michigan, a jury of 12 is chosen for felony cases, and a jury of 6 is chosen for misdemeanor cases. The jury, not the judge, decides guilt or innocence and this decision must be unanimous.

If the jury reaches a verdict of not guilty, the defendant is released from incarceration and cannot be tried for the same charges again. If a guilty verdict is reached, the matter is set for sentencing.

Sentencing

Sentencing is a critical step in the criminal defense process. A person can be sentenced to pay a fine, to serve a term of probation, or to incarceration.

In felony cases, judges use the Michigan Sentencing Guidelines to help them decide what sentence best fits the crime. However, a mistake in the scoring of these guidelines could result in a sentence that is harsher than it should be. An experienced criminal defense attorney will carefully review the sentencing guidelines and raise the appropriate objections and legal arguments when necessary.

Sentencing guidelines are used by the judge to determine the minimum sentence for the offense based on the defendant’s criminal history and the circumstances of the offense. Working within these guidelines, the judge still has a lot of discretion on how severe or lenient the sentence is. An experienced defense attorney can advocate for a jail sentence vs. a prison sentence or probation vs. incarceration.

Criminal Appeal Process

After a conviction, the next step is to appeal. Everyone has the right to an appeal, even if they pled guilty and are serving a jail or prison sentence. Appeals can be filed to withdraw a guilty plea so the person can go to trial.

If a person is convicted after trial, they can seek to have their conviction set aside and ask that a new trial be granted. The sentence can be appealed without appealing the conviction.

Not all cases call for an appeal, especially when there was a plea bargain that reduced the charges or if a sentence was favorable to the defendant. Mitch Foster is an experienced appellate attorney who can review your case and guide you through the appeals process.