Felony cases are defined as those offenses which are punishable by more than a year in the county jail. Offenses punishable by one year or less are known as misdemeanors. There are also offenses known as high court misdemeanors. These offenses are treated the same as felonies for purposes of this explanation and will be discussed further with you if they pertain to your specific case.
Investigation – Most criminal cases begin with an investigation. The police agency, be it the city police department, county sheriff’s office or state police, will gather what they deem to be the pertinent facts and evidence. They will also interview any witnesses that they deem necessary. When the investigation is complete, the investigating authority may submit a warrant request to the prosecuting attorney in the county where the offense occurred. The reviewing attorney will then decide whether to authorize the requested charge(s) or a different charge(s), deny the requested charge(s) or send the request back for further investigation. If the charge(s) are approved, a complaint is sworn to before a judge or magistrate and a warrant issued. It is at this time that you will be contacted by the investigating authority and advised of the warrant or in many cases arrested.
We at Mertens, Laxton and Clement are oftentimes retained during the investigatory stage so that we may monitor the investigation, protect the rights of our clients, avoid the issuance of a warrant when possible and avoid the uncomfortable occurrence of an arrest.
Arraignment – The Arraignment is the initial court appearance in a felony case. The purpose is to advise the Defendant of the charges against him or her, schedule future court dates and establish a bond.
It is at this hearing that we will work to secure a personal recognizance bond so that no money needs to be posted or in the alternative secure a bond which is low enough so that the client does not have to be incarcerated pending the outcome of the case. It goes without saying that the establishment of a bond is an important part of the case.
Preliminary Examination Conference (in some jurisdictions) – All felony cases begin in the district court (lower court). It is at this stage that the Preliminary Examination will occur if demanded by either side. The Preliminary Examination Conference is a meeting between the lawyers to discuss possible agreements and to determine if a preliminary examination is going to take place.
If there will be no preliminary examination then one of three things will occur. First, the case could be dismissed. Second, there could be an agreement for a plea to a misdemeanor. If a plea to a misdemeanor occurs, the plea will be entered in the District Court and the case will remain there until conclusion. Third, the preliminary examination could be waived. A waiver of the preliminary examination means that neither side is demanding that evidence be put forth at this preliminary stage.
The decision of whether to conduct a preliminary examination, waive a preliminary examination or enter a plea to a misdemeanor (as applicable) will be discussed with you in great detail to assist you in making the appropriate decision.
Preliminary Examination – a Preliminary Examination is an evidentiary hearing where the prosecutor is required to show probable cause that a crime was committed and probable cause that the Defendant committed to the crime. If the prosecutor meets his or her burden, the case will be bound over to Circuit Court (higher court). The Circuit Court is the trial court for all felony cases.
Circuit Court Arraignment – This hearing is essentially a repeat of the original arraignment. The Defendant is advised of the charges they are facing in the Circuit Court and a bond is set. This hearing can be waived in most jurisdictions and most times are waived as no substantial rights are implicated. The waiver is accomplished by the signing of a form.
Circuit Court Pre-Trial – The Circuit Court Pre-Trial is another opportunity for the lawyers to meet and discuss possible resolutions and determine if each side has all of the relevant materials to which they are entitled. This hearing will take place in a different court and before a different judge than your preliminary examination. Please review your notice carefully so that you know exactly where to go.
If a resolution is reached which calls for the entry of a plea, the plea will be entered or a plea date will be set. If a resolution is not reached, the case will be put on the trial docket. The trial docket is essentially a line of cases which will be tried in the order on which they appear on the docket. Generally, the oldest case is tried first. The exception to this rule is that those defendants who are incarcerated are entitled to have their trial before those who are not incarcerated.
Procedure following the entry of plea – When a plea of guilty in entered in a felony case, the judge will refer the Defendant for a Pre-Sentence Investigation. This is a meeting with a representative of the Michigan Department of Corrections who will obtain information about the Defendant and the offense and prepare a report which outlines all pertinent factors and makes a sentencing recommendation to the judge. They will also calculate the sentencing guidelines applicable to your case.
Once the report is complete and available for review, we will meet with you to review it for accuracy. We will also prepare and submit either a sentencing letter or a sentencing memorandum for the judge’s review. In that document, we will likewise make a sentencing recommendation. We encourage our clients to provide documents that can be included in the letter or memorandum as exhibits. These exhibits can include but are not limited to verifications of counseling, character letters and verification of employment, education or both.
At the time of the Sentencing Hearing, corrections to the Pre-Sentence Report will be made. The scoring of the Sentencing Guidelines will be reviewed and litigated as necessary, we as you lawyers will have an opportunity to address the Court on your behalf, you will have the opportunity to address the Court on your own behalf if you so choose and the Prosecutor and any victims will have an opportunity to address the Court is they so choose.
Finally, the Judge will make any comments and Order the sentence.
Trial – If your case proceeds to trial, we will discuss the specifics of your case with you. The general progression of a trial involves the selection of a jury, opening statements, the presentation of the Government’s case followed by the presentation of the Defendants case and closing arguments. Before, during and after trial, motions may be raised and argued. Following the completion of the presentation of each case and the arguments, the jury will deliberate on the verdict. The verdict must be unanimous. The result of the deliberations can be not guilty on all counts, guilty on all counts, guilty on some counts and not guilty on others or a hung jury. A hung jury means that the jury is unable to reach a verdict. In the case of a hung jury, the jury will be dismissed and the prosecutor will have to decide whether he or she wants to re-try the case.
If there is a conviction, sentencing will occur in the same manner as described above.
The above is merely an overview of the common procedures and processes of a felony case. The procedures and processes can vary from case to case and county to county. Be assured that we at Mertens, Laxton and Clement will discuss each and every hearing with you in detail. It is imperative to your defense that you are advised of what each hearing is and its purpose. If you have any questions you should always feel free to contact us at anytime.