You have been charged with a crime in Michigan. The police officer has either given you a ticket citing your for a criminal offense, or taken you to jail until the judge can see you, or you received notice in the mail that there are charges against you and you must appear in court. What happens next? At Aaron J. Boria, PLLC, we make sure that our clients are informed every step of the way so they know what is going to happen before it happens.
If you have been charged with a crime contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806
What Happens at Arraignment?
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Once you have been charged with a crime the first hearing you will attend in court is the arraignment. At the arraignment the judge will read you the information, which is a fancy way of saying that the judge will formally tell you what charges you are facing and the maximum possible penalties. You will have to enter a plea of guilty or not guilty at that time.
The judge will also address bond at this stage. There are several factors that are considered when addressing bond, which can be found in Michigan Court Rule 6.106(F), but when you break it down it comes down to two factors: 1. Are you a flight risk?; And, 2. Are you a danger to the community?
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What Happens at Pre Trial?
The next hearing in court is the pre trial. At the pre trial your attorney will have their first opportunity to have a face-to-face conversation with the prosecutor.
The prosecutor is the attorney that represents the Government of the State of Michigan or the Government of the city you allegedly committed the crime in. They are not your friends, and they are not there to help you, they are there to convict you. Do not talk to them without your attorney present. Talking to them directly could result in more evidence that could be used to convict you.
At the pre trial, your lawyer will discuss whether of not your case should be dismissed, if the charge should be reduced or changed to something else, and finally if no resolution can be made the case may proceed to trial.
If the case is dismissed then any bond you posted is returned and the court loses jurisdiction over you. If you proceed to trial then the out come will be Guilty or Not Guilty (with a few rare exceptions). If you are found Not Guilty then the result is basically the same as if the case was dismissed. If found Guilty then you would proceed to sentencing.
What Happens at Sentencing?
Sentencing is the final hearing in court if you plead guilty to a charge or was found guilty at trial. Any criminal offense can result in jail time. Other common penalties can include fines, drug and alcohol testing, suspension of your driver license, community service, rehabilitation classes, and even the loss of financial aid.
Felonies and Circuit Court
As mentioned in the video, if the case is a felony the steps are essentially the same with the exception that you are entitled to a preliminary examination in district court where the case could be dismissed, reduced, or bound over to circuit court where there will be another arraignment and a pre trial.
If you are facing criminal charges call us immediately (734) 453-7806. Michigan criminal defense lawyer, Aaron J. Boria fights for his clients and gets results.
