When someone in taken into custody by local law enforcement or the Michigan State Police, a similar process if followed whether the person accused is being held in Grand Rapids, Grand Haven, Kalamazoo or elsewhere in Michigan. Understanding the process, what to expect and how an experienced criminal defense attorney can help you are key first steps for anyone accused of a crime.
The criminal justice process is started when police are notified that a crime has allegedly been committed. Law enforcement begins its investigation into the incident to determine relevant facts and whether or not a crime actually did occur. If it's determined that a crime was committed, law enforcement works to piece together all information in order to determine a suspect.
Requesting a Warrant and Making an Arrest
Once law enforcement has what it believes to be sufficient information linking someone to a crime, a request for an arrest warrant is sent to the prosecutor's office. If a crime is committed in the presence of a police officer, an arrest warrant is not necessary; law enforcment may arrest the suspect on the spot.
The prosecutor's office will review the request to determine whether probable cause exists to arrest the suspect; some will even consider whether the information presented presents enough facts to prove beyond a reasonable doubt that the person whom they are going to arrest actually committed the alleged crime. If so, the office will present the warrant to a magistrate judge for signature and return it to law enforcement to arrest the named individual.
A few key terms will also help you understand what is happening at this point:
- Arrest warrant: A written document signed by judge or magistrate authorizing law enforcement to take the named person into custody.
- Probable cause: Information that would allow a reasonable person to believe in the guilt of the person accused.
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Reasonable doubt: Doubt or uncertainty that the person accused is guilty of the offenses he or she is accused of.
Arraignment in District Court
Once arrested, an arraignment is the first court appearance for any misdemeanor or felony case. The person in custody will be required to attend the District Court and advised of the charges against him or her as well as the maximum penalties associated with each charge. The judge will determine any conditions for release as well as the amount of the bond required to get out of jail.
A few key terms will also help you understand what is happening at this point:
- Complaint: This is the official charging document that lays out the who, what, when and where of the charges against you as made by the prosecutor's office.
- Bond and/or bail: Both terms are often used interchangeably and generally refer to the amount of money that must be paid in order to be released from jail following arraignment. Bail is not always required; the judge may allow your release without requiring the payment of any money. The judge may also condition your release on other factors, including staying away from a certain person or location.
- Misdemeanor: Any offense not amounting to a felony.
- Felony: Any offense punishable by death or imprisonment in a state prison for more than one year, such as a drug crime, violent crime, sex offense and others.
From here, pretrial proceedings are dependent upon the type of crime charged, whether a misdemeanor or felony. If a misdemeanor, the accused will be asked to enter a plea of guilty, not guilty, no contest or remain silent. If a felony, the accused will be advised of his or her right to a preliminary hearing within 14 days of the arraignment.
It is important to have an experience criminal defense attorney at your side during all parts of the criminal process. If you are being investigated for a crime or if you have been charged with a crime, protecting your freedom starts with contacting an attorney.
