At the arraignment, a defendant is advised of his or her constitutional rights, including the right to a jury trial and the right to an attorney, among others. If requested, the court will consider a request for an appointed attorney at this stage. The accused is also advised of his or her right to a preliminary examination.
A preliminary examination or probable cause hearing, if not waived, is held within 14 days of the arraignment. This is a contested hearing, meaning that the prosecutor will present evidence and/or witness testimony to the judge to show that there is probable cause to believe that the charged crimes were committed by the accused. Rarely will the prosecutor present all potential witnesses at this stage; the burden of proof at the preliminary examination is less than at actual trial.
The accused's criminal defense attorney can cross-examine any witnesses presented by the prosecution as well as present any evidence and/or witnesses that may disprove the charges against the accused. If the prosecutor is successful in establishing probable cause, the accused will be "bound over" for trial. The judge may bind the accused over on the charges made by the prosecutor or on lesser charges; the judge may also dismiss the charges entirely.
Most felony cases arrive at the circuit court without going through a preliminary examination; many defendants simply choose to waive their right to the examination.
Felony Procedure Moving Forward to the Circuit Court
Once the case has moved into the Circuit Court, the accused is once again arraigned; the charging document is now called the "information." The defendant will again be advised of his or her constitutional rights and will be requested to enter a plea to the charge(s) against him or her: guilty, not guilty, or stand mute.
Negotiations between the prosecutor and the defense attorney can begin at any time during the criminal process, up to and including trial. A plea bargain may be reached between the defendant and the prosecutor, avoiding the necessity of trial.
If no agreement is reached, the case will proceed to trial. The prosecutor must prove beyond a reasonable doubt that the defendant committed the crime(s) charged. The trial may be a bench trial, in which the judge will be the finder of fact, or it may be a jury trial, in which a jury is the finder of fact.
Depending on whether it is a bench or jury trial, after all evidence is presented, the judge or the jury will determine the guilt or innocence of the accused. A jury must reach a unanimous decision in order to convict a defendant in Michigan. If found guilty, the defendant will be sentenced. He or she will also have the right to appeal the conviction if legal grounds to do so exist.
An experienced Michigan criminal defense attorney can further explain the process to an accused and his or her family. Whether you are being investigated for a crime, have already been arrested or are awaiting trial, a lawyer on your side can assist you with understanding what is happening and what comes next.
