What to Expect: Court Process

District Court Arraignment — This is your first court appearance after your arrest. The charges against you are read out loud and you enter a plea. The plea options in Michigan include guilty, not guilty, or no contest. No contest means that you don’t admit to guilt, but acknowledge enough evidence exists that you could be convicted. A no contest plea is treated more or less like a guilty plea. You also may stay silent, which a Michigan court treats like a not guilty plea. If you plead not guilty, a judge will consider setting a bail or bond amount in your case.

District Court Arraignment — A district court arraignment works differently in a felony case. The charge against you is read and you are advised of your rights, but you don’t enter a plea at this stage.

Probable Cause Conference — This is similar to a pretrial conference in a misdemeanor case, and typically involves the prosecutor and your defense lawyer discussing whether the case can be resolved without further proceedings.

Felony Preliminary Examination — This is a hearing held within 14 days after your district court arraignment. This also may be known as a “probable cause” hearing. Basically, this hearing is about establishing that there’s enough evidence to suspect you of a crime. If the district court decides there’s enough evidence for your case to proceed, your charge moves to the county circuit court. You can waive this hearing and have your case sent directly to a circuit court if you choose.

Circuit Court Arraignment — Once your felony case goes to circuit court, you have your more formal arraignment. The charges are read again, and this time you enter a plea.

Pretrial — Pretrial proceedings are where a lot of the work is done in criminal cases. Part of the goal is to determine if the case can be resolved without going to trial, and to settle some types of issues before trial. Issues to be settled may include questions about the validity of evidence, or whether evidence should be excluded when it was obtained through improper or illegal means, such as a warrantless search.

Pretrial — During the pretrial phase, the prosecutor and your defense lawyer may try to resolve the case without taking it to trial. This also is a time when issues related to evidence are handled, including any efforts by your lawyer to suppress evidence that was obtained through improper or illegal means.

Trial — If the case isn’t resolved during the pretrial phase, it goes to trial. At your trial, the prosecutor has to prove his or her case and your defense lawyer gets a chance to rebut the prosecutor’s case.

Trial — If your case isn’t resolved by a guilty plea at your arraignment, or during the pretrial phase, then it goes to trial. Both sides present evidence and witness testimony, and a judge or jury decides whether the prosecutor has proven your guilt beyond a reasonable doubt.

Verdict — At the end of a trial, a judge or jury renders a decision finding you guilty or not guilty. If you chose to have a jury trial, all jurors must agree to the verdict unanimously or you may have to get a new trial.

Verdict — At the end of a trial, the jury or judge renders a verdict of guilty or not guilty. If your trial was in front of a jury, all jurors must agree to the verdict unanimously.

Sentencing — If you plead guilty or are found guilty, your case proceeds to sentencing. This usually happens at a later date than your guilty plea or verdict. Typically, the judge receives a pre-sentencing report from the probation department that includes information about you and a sentencing recommendation. The prosecutor and your lawyer also may weigh in on appropriate sentencing and any factors that should be considered before the court decides your sentence.

Sentencing — If you plead guilty or are found guilty, then a court determines your sentence. The probation department prepares a pre-sentencing report about your and your offense, and makes a sentencing recommendation. Your lawyer and the prosecutor also may make arguments about what sentence is appropriate in your case. Ultimately, a judge decides what your sentence will be.

Appeal — Appeals in misdemeanor cases that originate in Michigan district courts are heard in circuit courts. Appeals involve deciding whether legal errors were committed during your case that affected the outcome, such as a jury getting an inappropriate instruction from a judge. Appeals do not typically involve reconsideration of the evidence in your case or consideration of new evidence.

Appeal — An appeal involving a felony case tried in a circuit court is sent to the Court of Appeals for consideration. An appeal is based on allegations that legal errors were made during your trial that affected the outcome. No new evidence is heard, and the Court of Appeals does not reconsider evidence introduced at your trial. The Court of Appeals only decides if legal errors were made.