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Steps in a Criminal Case
WHAT HAPPENS DURING A CRIMINAL CASE can be confusing. The following
summary explains how a criminal case in our adult courts generally
progresses through Michigan’s criminal justice system. Specific procedures
may vary from county to county.
Crime committed / Police notified
When a crime is committed in your county, a citizen can make a complaint
by calling “911", which acts as our Central Dispatch for all police calls.
An officer then will be dispatched to handle the case. Sometimes the police
see the crime occur and can take immediate action without a citizen’s
complaint.
Police investigate
All crimes must be investigated by a police agency. The prosecutor’s office does not accept complaints from the public as we have no legal authority to investigate the crime. If you come to the prosecutor’s office wishing to file a complaint, we will ask that you contact a police agency for an investigation.
The investigation by police may include: interviews of witnesses, victims
and suspects; visiting, viewing, measuring and photographing the crime
scene; collecting physical evidence such as clothing, fingerprints, or blood
samples which may have to be sent to a crime laboratory for analysis;
identifying suspects through crime scene analysis, witness statements and
lineups. This may take days, weeks and even months! Because a thorough
investigation is necessary to a successful prosecution, the police may not
be able to arrest the suspect immediately.
Sometimes, but not often, the investigation by the police may lead to the
need for a grand jury to review the evidence. However, this procedure is not
often used in Michigan anymore.
Police make an arrest / Police request a warrant
When a crime is committed in a police officer’s presence — or the officer
has “probable cause” to believe that certain misdemeanors or any felony was
committed, even though the officer did not see it happen — an officer may
arrest a suspect on the spot without an arrest warrant. The officer must
then submit a warrant request to the prosecuting attorney, suggesting
potential charges to be authorized.
If an arrest is not made, after the officer has completed his/her
investigation, the officer must submit a warrant request to the prosecuting
attorney, again suggesting potential charges to be authorized by the
prosecutor.
Warrant request reviewed by Prosecuting Attorney
When the police officer submits a warrant request to the prosecuting
attorney, the officer also submits a police report containing the
information learned about the incident. The report may include witness’
statements, pictures, driving record and criminal history record of the
suspect.
This is usually the first time that the prosecutor’s office is involved
in the case unless a prosecutor reviewed a search warrant or went to the
crime scene. At this stage, the prosecuting attorney determines whether a
person should be charged with a crime and, if so, what the crime should be.
The prosecutor thoroughly reviews all reports and records concerning the
case. On occasion, the prosecutor sends the case back to the police officer
to conduct additional investigation.
Warrant issued / Denied
The prosecuting attorney can issue a charge if the prosecutor believes
that “probable cause” exists that the suspect committed the offense.
However, most prosecutors apply the higher standard of proof necessary at
trial — whether the charge can be proved “beyond a reasonable doubt” based
on the information known at the time.
If the prosecutor determines that the information in the police report
and records do not give sufficient evidence to charge the suspect, the
prosecutor may deny the issuance of criminal charges against the suspect.
If the prosecutor determines that a charge should be brought, a complaint
and warrant is prepared. The complaining witness, usually a police officer,
must then testify before the district court magistrate that the information
for the complaint and warrant is true. Once the magistrate hears the
testimony of the complaining witness, the magistrate must then make an
independent determination if probable cause is shown for the charge to be
brought.
Suspect arrested (if not already in custody) / Bond set
If the suspect (now called the “defendant”) has not been arrested, the
police officer receives the warrant from the district court so the officer
can try to have the defendant arrested. Generally, the wanted person’s name
is put into a nationwide law enforcement computer system so that if the
defendant has contact with the police, the police will know that there is a
valid warrant for the defendant’s arrest and can apprehend the defendant on
the spot.
The delay between the crime and the defendant’s arrest on an authorized
charge can take any length of time (e.g., if the defendant’s whereabouts are
unknown, or if the defendant has left the State of Michigan).
Once the complaint and warrant have been issued and the defendant is in
custody, the magistrate sets a bond requirement for the defendant to post.
The bond requirement could range from a personal recognizance bond, which
requires no money to be posted, to a cash bond of any amount. The magistrate
can also put conditions on the bond, depending on the type of case, such as
no consumption of alcohol, daily breathalyzer tests, live in a
court-approved residence, and no contact by the defendant with a victim of
the crime. In a few very serious cases, such as Murder, the magistrate can
refuse to set any bond, which means that the defendant remains incarcerated
until the case is decided.
District Court arraignment / Pretrial procedures
This is the first in-court appearance for any misdemeanor or felony
offense. A misdemeanor is a crime which has a maximum punishment of up to
one year in the county jail. A felony is a crime which has a maximum
punishment in excess of one year. The pretrial procedures for felonies and
misdemeanors differ, so they are dealt with separately in the next several
paragraphs.
Misdemeanor
Arraignment — At the misdemeanor arraignment, the defendant is
told what the charge(s) are, the maximum penalty if convicted, and his/her
constitutional rights to jury/bench trial, court-appointed attorney,
presumption of innocence, etc. The defendant is given the opportunity to
enter one of four pleas at this time: guilty, no contest, not guilty or
stand mute. A plea of guilty or no contest means the defendant is convicted
of the offense without a trial and is subject to being sentenced by the
court. The District Court judge may sentence the defendant on the spot or
may reschedule the case for a sentencing date after the court’s probation
department has prepared a presentence investigation report (discussed
later). If the defendant pleads not guilty or stands mute, the case is
scheduled for a pretrial conference.
Pretrial Conference — All misdemeanor cases are scheduled for a
meeting between an assistant prosecuting attorney and the defendant (or the
defendant’s attorney) to determine whether the case will go to trial or be
resolved with a plea. A member of the court staff is also involved to
facilitate the meeting. These meetings focus on resolving the case short of
going to trial. The judge and the witnesses are not directly involved with
the pretrial conference. Plea bargains are often discussed at this meeting,
although they can be discussed up to the time of trial as well.
Pretrial Proceedings — Many other events can occur prior to trial.
Depending on the nature of the case, there may be pretrial hearings on
constitutional issues (confessions, searches, identification, etc.). The
issues are presented to the court through written “motions” (e.g., Motion to
Suppress Evidence). The judge must determine whether evidence will be
admitted or suppressed at the defendant’s trial, whether there is some legal
reason why the defendant should not be tried, or decide other ground rules
for trial.
Felony
Arraignment — At the felony arraignment in District Court, the
defendant is told what the charge(s) are, the maximum penalty if convicted,
and the right to have a preliminary examination within 14 days of the
arraignment. The judge must also consider a defendant’s request for a
court-appointed attorney at this time.
Pre-Preliminary Examination Conference
Sometimes the court schedules a “pre-conference” several days before the
scheduled preliminary examination. This conference operates much like the
misdemeanor pretrial conference, as a meeting between the prosecutor and
defendant (or the defendant’s attorney) to see if the case can be resolved
without the need to hold the preliminary examination. If a defendant has not
yet hired an attorney, the court may appoint an attorney to represent the
defendant so that the preliminary examination may go on as scheduled.
Preliminary Examination
This is an evidentiary hearing before the District Court judge, sometimes
called a “probable cause hearing.” This hearing is scheduled to be held
within 14 days of the District Court arraignment, but may be adjourned to a
later date. At this hearing, the prosecutor questions witnesses to convince
the judge that there is at least probable cause to believe that a crime was
committed and the defendant committed it. Because the burden of proof is
much less at the preliminary examination than at trial, the prosecutor
generally does not call all potential witnesses to testify at this hearing.
Usually a few witnesses who saw or heard some part of the crime are called
to testify. The defendant, through his/her attorney, can cross-examine the
witnesses and call other witnesses to support defendant’s side of the case.
If probable cause is established, the judge orders that the defendant is
“bound over” (meaning “sent”) to Circuit Court for trial. If the judge
decides that there is not probable cause, the judge can bind the case over
to Circuit Court on different charges, reduce the charge(s) to a misdemeanor
for trial in District Court, or dismiss the charge(s).
A defendant can also give up their right to a preliminary examination by
“waiving” the right to have such a hearing. Most felony cases end up in
Circuit Court after a “waiver” rather than a hearing.
Circuit Court Arraignment — After the case is sent to Circuit
Court, the defendant is again arraigned on the charge(s) that were the
result of being bound over. Again, the defendant is given formal notice of
the charges against him/her and the maximum penalty in a document called an
“Information.” The defendant is given the opportunity to enter one of four
pleas at this time: guilty, no contest, not guilty or stand mute. A plea of
guilty or no contest means the defendant is convicted of the offense without
a trial and is subject to being sentenced by the court. The Circuit Court
must schedule the case for a sentencing date after the court’s probation
department has prepared a presentence investigation report (discussed
later). If the defendant pleads not guilty or stands mute, the case is
scheduled for a pretrial conference.
Pretrial Conference — This may also be called a “scheduling
conference.” Much like the pretrial conference at the District Court level,
cases are scheduled for a meeting between an assistant prosecuting attorney
and the defendant (or the defendant’s attorney) to determine whether the
case will go to trial or be resolved with a plea. A member of the court
staff is also involved to facilitate the meeting. These meetings focus on
resolving the case short of going to trial. Testimony is not taken at this
time. Plea bargains are often discussed at this meeting, although they can
be discussed up to the time of trial as well.
Pretrial Proceedings — Many other events can occur prior to trial.
Depending on the nature of the case, there may be pretrial hearings on
constitutional issues (confessions, searches, identification, etc.). The
issues are presented to the court through written “motions” (e.g., Motion to
Suppress Evidence). The judge must determine whether evidence will be
admitted or suppressed at the defendant’s trial, whether there is some legal
reason why the defendant should not be tried, or decide other ground rules
for trial. Based on the judge’s rulings, efforts may be made to resolve the
case through a plea bargain.
Jury Trial / Judge Trial
A trial is an adversary proceeding in which the prosecutor, on behalf of
the plaintiff (which is called “The People of the State of Michigan”) must
present evidence to prove the defendant’s guilt “beyond a reasonable doubt.”
The defendant is not required to prove his/her innocence or to present any
evidence, but may challenge the accuracy of the prosecutor’s evidence.
Both the defendant and the prosecution have the right to a trial by jury.
Sometimes, though, both sides agree to let the judge listen to the evidence
and decide the case without a jury — this is often called a “bench trial.”
In a jury trial, the jury is the “trier of the facts”; in a bench trial, the
judge is. After the evidence is presented in the trial, the jury or judge
will determine whether the evidence proved that the defendant committed the
crime.
The following is a general outline of the steps in a jury trial, used for
both felony and misdemeanor cases:
1. Residents of the local county are randomly selected from a list of
registered voters and/or licensed drivers, and are summoned to the Court as
potential jurors.
2. A blind draw selects twelve to fourteen people from that group to sit
as jurors for felony trials. Near the end of the trial, one or two jurors
are excused to reduce the number to twelve to decide the case. For
misdemeanor trials, the number selected is six or seven people, with the
number reduced to six to decide the case.
3. The judge, prosecutor and defense attorney then ask questions of the
prospective jurors about their backgrounds and beliefs in an attempt to find
jurors who will be impartial and unbiased. This is called “voir dire.”
4. The attorneys may excuse some of the prospective jurors in one of two
ways. A juror may be challenged on grounds of good cause why they should be
excused. For example, the spouse of the defendant would probably not be an
impartial and unbiased juror. The attorneys may also excuse a limited number
of prospective jurors without giving a reason. This is called a “peremptory”
challenge.
5. After the challenges are over, the judge or court clerk administers an
oath to the jury to uphold their legal duties to make a fair and impartial
decision after hearing the facts from the witnesses and the judge’s
instructions on the law. The judge then reads some basic instructions about
the trial process and some of the rules of law that apply to the case.
6. The prosecutor gives an opening statement to the jury in which he/she
outlines the People’s case and the evidence to be presented by the
prosecution.
7. The defense attorney may give a similar opening statement, outlining
the defense of the case, or wait until later in the trial.
8. The prosecutor calls witnesses and may introduce exhibits. The defense
attorney may cross-examine the prosecutor’s witnesses.
9. The prosecutor finishes with his/her witnesses and rests the People’s
case.
10. If the defense attorney has not given an opening statement earlier,
it is done now. Then the defense attorney may call witnesses and the
prosecutor may cross-examine them. The defendant is not required to call any
witnesses, though.
11. The defense rests.
12. The prosecutor may present “rebuttal” witnesses to challenge the
testimony of the defendant’s witnesses.
13. The prosecutor rests again.
14. The prosecutor presents a closing summary to the jury, often called
“closing argument.”
15. The defense attorney then presents a closing summary to the jury.
16. The prosecutor may present a rebuttal argument to the jury in
response to the defense attorney’s closing argument.
17. The judge gives the jury detailed instructions on the law about the
charged crime(s) and the deliberation process.
18. The jury is sent to the jury room to deliberate and make a decision.
A jury’s verdict in a criminal case must be unanimous, which means that all
jurors must agree on the verdict. The jury must determine if the prosecution
has proven the case beyond a reasonable doubt.
19. The jury returns its verdict in the courtroom. If the verdict is
guilty, the judge refers the case to the probation department for a
presentence investigation report. If the verdict is not guilty, the judge
enters an Order dismissing the case.
Presentence Investigation Report
The court’s probation department prepares a report for the judge,
summarizing the crime and the defendant’s personal and criminal background.
Generally, the victim is contacted for information and recommendations. The
probation officer includes a recommended sentence in the report, but the
judge does not have to follow this recommendation.
Sentencing
Sentencing Michigan varies with the crime and can be the most confusing
part of the criminal process. Most often, sentences are at the judge’s
discretion. The judge will consider the information in the presentence
investigation report (subject to factual corrections by the parties),
additional evidence offered by the parties, comments by the crime victim if
applicable, and any other information relevant to the judge’s sentencing
decision.
For felonies, the Circuit Court judge must also consult “Sentencing
Guidelines” approved by the Legislature. These guidelines factor in aspects
of the defendant’s criminal conduct and any prior criminal record to
determine the minimum jail or prison sentence.
The judge may consider different alternatives, including a fine,
probation, community service, electronic tether, a sentence to jail or
prison, or a combination of these sanctions. The judge must also order the
defendant to make restitution to any victims who have suffered any financial
harm from the defendant’s actions.
Appeals
There are three kind of appeals that may occur in a criminal case: (1) an
interlocutory appeal; (2) appeal of right; and (3) appeal by leave of the
court.
An interlocutory appeal occurs when a party tries to appeal a judge’s
decision before the case goes to trial or before the trial is finished.
An appeal of right occurs after a jury trial in which the defendant is
found guilty. The Michigan constitution has been amended to eliminate an
appeal of right when a defendant pleads guilty.
An appeal by leave of the court occurs when an appeal of right is not
available. This could occur when a defendant who pleads guilty does not like
the sentence that was imposed. The appellate court has the discretion to
reject the appeal or “grant leave” to allow the appeal.
If there is an appeal of right, or the court allows an appeal by leave,
both the defense and the prosecution must file legal arguments called
“briefs” that summarize the case facts, frame the legal issues to be decided
and present written arguments supported by prior law. These filings are
usually anything but brief, as they may be twenty pages or more in length.
Either party may request to make an oral argument to the appellate court.
The appellate court for misdemeanor cases is the Circuit Court. The
initial appellate court for felony cases is the Court of Appeals. The
Michigan Supreme Court may hear cases from the lower appellate courts, but
most often is not required to do so.
The appellate court will eventually issue a written opinion if they all agree, or several written opinions if they disagree. The decision of the majority of the judges hearing the case is the accepted law in the case. For instance in a criminal case, if the defendant has appealed his conviction and/or sentence, the appellate court may affirm the trial court’s decision, reverse the trial court’s decision and send the case back to the trial court for a new trial, or may modify the trial court’s decision while keeping the conviction intact.
