Michigan Criminal Defense FAQs
Q. What is Differences between Misdemeanors and Felonies?
A. Misdemeanor - is a crime punishable by up to one year in county jail. Misdemeanor trials are held in the state's lower court, sometimes referred to as Municipal Court.
Felony - is a crime punishable by one year or more in state prison or a penitentiary. Felonies begin in the state's lower court system but may move up to the state Superior Court, or higher court.
The misdemeanor and felony arraignment processes are virtually identical to one another with one exception. In the misdemeanor arraignment process, a pre-trial in Municipal Court is the next step following arraignment. In the felony arraignment process, the next step is a pre-preliminary hearing or a preliminary hearing. Once the preliminary hearing is completed, a trial date is established.
Felony - is a crime punishable by one year or more in state prison or a penitentiary. Felonies begin in the state's lower court system but may move up to the state Superior Court, or higher court.
The misdemeanor and felony arraignment processes are virtually identical to one another with one exception. In the misdemeanor arraignment process, a pre-trial in Municipal Court is the next step following arraignment. In the felony arraignment process, the next step is a pre-preliminary hearing or a preliminary hearing. Once the preliminary hearing is completed, a trial date is established.
Q. What is an Arraignment?
A. The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment.
Q. What Happens to the Defendant at the Arraignment?
A. The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment.
Q. What is Plea Bargaining?
A. Plea-bargaining is an excellent way to avoid a potential harsh conviction in favor of an agreed upon lighter conviction. The prosecutor has the burden of proof. The defendant is innocent until proven guilty. During the trial, the prosecutor must present a case that convinces the judge or jury beyond a reasonable doubt that the defendant is guilty. The charges filed against the defendant at arraignment may be different from those originally filed by the arresting police officers. It is critical that the attorney and defendant manage the details. Cases are won and lost in the details.
Q. How does Bail Work?
A. Bail is a method to get the defendant released during the trial proceedings. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so. There are typically two factors the judge considers before setting bail.
Is the defendant a danger to the community?
What is the likelihood the defendant will flee?
Q. What if I think the judge or prosecutor is biased?
A. The defense attorney may ask the judge to withdraw himself from the case or he may file a motion with the court.
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