This section provides general information about felony matters.
The information provided in the Self-Help Center is not legal advice.
The laws of Michigan do not allow the employees of the court or the
judge to give you legal advice. You should consult with an attorney
concerning legal issues. Unless you waive the right to an attorney,
you must be represented by an attorney in a felony case. In some situations,
the court may appoint an attorney to represent you.
The following is a brief description of a felony case. There is no
specific information available in this Self-Help Center to aid you with
the entire legal process.
A felony case begins when someone is accused of committing one or more
serious crimes. The government, represented by the prosecuting attorney,
begins a criminal case by filing a complaint against the individual
(called the defendant). If the defendant has not already been arrested,
a warrant for arrest will be issued when the complaint is filed. A felony
case is filed with the district court but will be transferred to the
circuit court for trial if the district court finds there is probable
cause that the defendant committed the crime(s).
What Happens When You are Arrested
If you have been arrested for breaking a criminal law, you will be
taken to the district court for an arraignment. You will be held by
the police or sheriff until a bond is set and/or the arraignment takes
place. The arresting police department will know where and when the
arraignment will take place.
The arraignment is held before a district court judge or magistrate.
At the arraignment, the judge or magistrate will explain to you (the
defendant) the charges, your constitutional rights, and the possible
consequences if you are convicted of the charge. The court also determines
whether you can be released on bond and, if so, will set the bail
amount and collect the bail. At that time, a date will be set for
a preliminary examination.
The court may appoint an attorney to represent you if you are unable
to afford an attorney. In a criminal case, a defendant who is unable
to afford an attorney has the right to court-appointed counsel if
the offense charged requires on conviction a minimum term in jail,
or the court determines that it might sentence the defendant to jail.
You should ask the court if you qualify for court-appointed counsel.
See information about court-appointed
attorney >>.
Bail and Types of Bonds
A person, called a defendant, who is arrested for breaking a criminal
law, may be held until a bail amount is set or an arraignment is held
by a judge or magistrate. Posting a bond is a promise that the defendant
will appear in court when required and will refrain from any activity
the judge or magistrate orders.
The four types of bonds are a personal recognizance bond, a cash bond,
a ten-percent bond, and a surety bond. They are explained below:
- When the court sets a personal recognizance bond, the defendant
is released after making a promise to return to court when required.
No money is paid.
- A cash bond is a money guarantee that the defendant will return
to court when required. When a cash bond is set, the defendant must
pay the full bail amount to the court before being released from
jail.
- Another type of bond is a ten-percent bond. In this bond, the
court will accept payment of ten percent of the full bail amount
as a guarantee that the defendant will appear as required. If the
defendant does not appear, the court will require payment of the
remaining ninety percent.
- The last type of bond is a surety bond. A surety bond is a promise
made by an approved bondsman that the defendant will appear as required.
A bondsman must prove to the court that he or she has sufficient
financial resources to pay the full bail amount if the defendant
does not appear as required.
Money or property that is posted for a bond might not be returned
when the case is over. The court may apply cash and ten percent bond
money posted by the defendant to pay any outstanding court fines,
costs, or other assessmentss.
Regardless of the type of bond, if the defendant does not return
to court as promised, the court will issue an arrest warrant and the
bond money will be forfeited. In addition, the defendant may be held
responsible for paying the remaining unpaid bail amount.
Processing Felony Cases
If you are accused of committing a felony, a preliminary examination
must be conducted by the district court in the county where the crime
took place within 14 days of the arraignment. If the district judge
determines there is enough evidence, the case will be transferred
to circuit court for trial.
At the circuit court level, another arraignment is held, unless it
is waived by your attorney. If you are not represented by an attorney,
you may not waive the arraignment. You will enter a plea of guilty
or not guilty, or you may stand mute. After the arraignment, a trial
date will be set. The time between arraignment and trial is used to
prepare for trial. Often, the prosecutor and the defendant will make
a plea agreement.
After conviction at the trial or as the result of a plea agreement,
the court will schedule a date for sentencing unless you are found
not guilty or the case is otherwise dismissed.
At the sentencing hearing, the judge will order the penalties for
conviction.
Penalties for Felony Cases
If the court finds you guilty of a criminal offense, you may have
to pay a fine, court costs, and other assessments and you may have to
spend time in jail or prison. Depending on the crime, a conviction for
a felony can result in a sentence of up to life in prison.
Probation and Parole
Your sentence may include probation. Probation allows you to live
in the community as long as you follow certain rules set by the court.
If any of the rules are violated, a warrant for your arrest may be
issued and the judge may re-sentence you. As an example of a probationary
sentence, the judge may decide that so long as you are not arrested
again and regularly meet with your probation officer, you may not
have to serve a jail or prison sentence.
Parole is a conditional release from prison. You may not be released
from prison before your minimum term has been completed. The court
will set conditions that you must follow, or you may be returned
to prison.
