Common Questions

Yes, but that typically does not happen if you have complied with your bond conditions. There are many ways to violate bond conditions, such as being arrested for a new crime or leaving the state of Michigan without prior court permission. Speak to your criminal defense attorney to make sure you understand your bond conditions and to get help if you are accused of violating them.

If you suspect you might have a warrant that could result in immediate arrest, the safest option is to contact a lawyer. They can look up any outstanding warrants for you. You can also contact the District Court clerk in the city where the crime was allegedly committed. Be aware that if you have any outstanding warrants and come into contact with law enforcement, you may be taken into custody on those warrants.

The grand jury process is used to charge defendants with federal (and in rare cases, state) crimes. The purpose of a grand jury proceeding is for the government to produce enough evidence to prove probable cause for the grand jury to return an indictment against a defendant.

A grand jury is a group of randomly selected jurors who appear in court for several months to hear evidence from many different cases, involving many different defendants. No judge presides over grand jury proceedings and they are not open to the public.  A defendant does not have a right to be present or have his attorney present at the grand jury proceedings.

Witnesses are subpoenaed to appear in federal court and give testimony in front of a grand jury.  The transcripts of the grand jury proceedings are kept private, except in limited circumstances, such as if a grand jury witness testifies at trial against the defendant.

The decision to plead guilty depends on the facts of your case, and should be made only after consultation with an experienced criminal defense attorney. Your attorney can advise you of all your options and alternatives to pleading guilty, such as going to trial, seeking a dismissal of charges, pleading guilty to a lesser charge, or filing a motion to suppress evidence against you.

After the arraignment on a Michigan felony case, the case proceeds to a probable cause conference and then to a preliminary examination. If probable cause exists after the preliminary examination, the case is “bound over” from the District Court to the Circuit Court for trial.

After the arraignment on a misdemeanor case, the case proceeds to a pretrial conference and then to trial. Misdemeanor cases stay in the District Court.

After the arraignment on a federal case, the case proceeds to the Federal District Court judge for trial.

You must submit to a physical pat-down search and some of your property may be seized by police. If taken to jail, you will undergo a more thorough search as part of the booking process. Police are not required to “read you your rights” unless you are in custody and they are questioning you.

Any statement you make to the police, even if it is not made in response to police questioning, can be used against you in court. You have a right to an attorney and should refuse to answer any questions without your attorney present.

A bond hearing in Michigan is a court proceeding at which a judge decides whether someone accused of a crime can be released from custody and under what conditions. This hearing usually takes place shortly after arrest, but may be later. The amount of bond (often called “bail”) depends on factors such as the severity of the offense, criminal history of the accused, flight risk, public safety risk, and other factors. Having a defense attorney at this hearing can improve the likelihood of bond being granted and may help reduce the amount of bond.

A bench trial is a trial where only the judge decides the facts and determines if the accused is guilty or innocent. A bench trial can only occur if the defendant and the prosecutor both waive the right to a jury trial.

A person should never waive his or her right to a jury trial unless he or she has consulted with his or her attorney and has identified a valid, strategic reason to waive a jury trial. A bench trial is essentially a jury of one. This means that the prosecutor only has to convince one person that a defendant is guilty beyond a reasonable doubt.

A hung jury occurs when jurors cannot reach a unanimous verdict. If the judge determines they are deadlocked, a mistrial is declared. This does not dismiss the charges—the prosecutor may choose to retry the case.

Every person charged with a crime has a constitutional right to a jury trial. Those charged with a misdemeanor have a right to a jury trial with a jury of no fewer than six people. If charged with a felony, the jury has no fewer than twelve people. All twelve jurors in a felony case and all six jurors in a misdemeanor case must unanimously find the accused guilty beyond a reasonable doubt in order to convict him or her.

Probable cause is required for a felony case to proceed to trial. A preliminary examination is an evidentiary hearing where the prosecutor presents witness testimony to prove probable cause. The defense has an opportunity to cross-examine each witness at this hearing. At the end of the preliminary examination, the District Court judge will decide whether the prosecutor has established that a crime was committed and if there is probable cause that the person accused has committed it.

Yes, and they often do. That is why it is critical to talk with an experienced criminal defense attorney first before talking to the police.

A pretrial conference is a court hearing held after the initial complaint but before the trial. It may take place in person or via video, depending on the judge. Its main purpose is to update the judge on the status of the case—whether a plea will be entered or the case will go to trial. It also allows the judge to be informed about any upcoming motions. Pretrial conferences often involve plea negotiations with the prosecutor and may address bond status. Multiple pretrial conferences may occur throughout the case.

Yes. Anytime you are accused or charged with a crime you need a lawyer. People can be acquitted by a jury even if they may have actually committed the crime. A good criminal defense attorney can successfully represent you in many different ways, including plea bargaining and sentence negotiation.

A probable cause conference (PCC) is the next court hearing after an arraignment on a felony case. This is a hearing held in the District Court where you and your attorney decide if you wish to hold a preliminary examination. This is an evidentiary hearing where witnesses testify to prove to the judge that there is sufficient probable cause for the case to proceed to trial. An experienced criminal defense attorney can help you decide how to proceed at a PCC.

Yes. Often there is a separate investigation with child protective services that could result in the temporary removal of your children from your home, or even the termination of your parental rights. This investigation and legal proceeding is different from a criminal case. You have certain rights in these cases, including the right to a jury trial to determine whether or not there is enough evidence for the court to take jurisdiction of your children.

An arraignment is a court appearance at which the judge or magistrate formally reads the charges against you. At your arraignment, you will make your initial plea of “guilty” or “not guilty.” For state law crimes, arraignment is often the same day or day after you have been arrested. For federal cases, arraignment takes place after your initial hearing and detention hearing. If you are not in custody, you may appear in person or remotely by video, depending on court requirements. You have the right to an attorney at your arraignment.

When someone is “indicted” it means they have been charged with a crime, usually in federal court. Indictment is a term which references the charging document in a federal criminal case. The charging document informs the accused what federal offenses he or she is accused of.

To obtain an indictment, a federal prosecutor (an Assistant United States Attorney) presents evidence to a federal grand jury. Once the grand jury finds probable cause that a crime has been committed and the accused has committed that crime, the grand jury will return an indictment, which is also known as a “true bill”.

The booking process includes recording your personal information, conducting a medical screening, taking your mugshot, collecting a DNA sample and fingerprints, and documenting any personal property you have with you at the time of arrest.

Discovery is a process where the prosecutor and the defense share their evidence with each other before trial. The defense has a right to review all of the evidence the prosecutor and law enforcement have in order to be able to prepare a defense.

If the prosecutor withholds evidence from you that could have made a difference in the outcome of the trial, this is a violation of your constitutional rights and grounds for a new trial.

Most discovery is shared by the prosecutor and given to your attorney before trial. However, sometimes evidence is not disclosed until just before trial or even during trial. If this late-disclosed evidence compromises the defense’s ability to prepare for trial, then an experienced criminal defense attorney can file a motion with the judge to exclude this evidence from being introduced against you at trial.

A criminal defense attorney can help you at any stage of the legal process, even after a conviction. However, the earlier you hire an attorney, the better. If you are under investigation by the police or have been arrested, contact an attorney right away to protect your rights.

Your attorney is the only person standing between you and the immense resources of the criminal justice system. Your attorney protects your constitutional rights, strategizes for a more effective defense, guides you through the process, and negotiates and advocates on your behalf. Having an experienced criminal defense attorney will likely lead to a better outcome of your case, and can help make the process less stressful for you.