The criminal division handles misdemeanor offenses, which are crimes that usually carry a maximum penalty of a jail term of 1 year, and the preliminary stages of felony offenses. Felony cases are the most serious category of criminal offenses punishable by more than 1 year in prison.
For a felony case, the District Court handles the initial stages of arraignment on the complaint, probable cause conference, and preliminary examination. If the Court finds sufficient evidence, the case is bound over or transferred to the Circuit Court. The Circuit Court then handles the case after bindover, including arraignment on the information, pretrial proceedings, trial, plea, and sentencing.
Your rights
Your rights are very important. Make sure to go over your rights several times so you understand what they are, what they mean, and how they will apply to your current situation. The rights specified below.
The Basics
Right to Trial
You have the right to a trial by a jury or a judge.
Right to Attorney
You have the right to an attorney. You may apply for a court-appointed attorney if you cannot afford one.
The District judge will determine if you qualify.
- If you are indigent, and
- The offense charged requires a minimum jail sentence, or the court determines that it may sentence the defendant to jail.
Note: If an attorney is appointed at the public expense, you may have to repay that expense.
Plea
A plea is the defendant’s response to a criminal charge. You may plead in one of four ways:
- Guilty
- Not Guilty
- Stand Mute
- No Contest (Nolo Contendere)
Pictures and Prints
Defendants charged with 93-day or higher criminal charges must be photographed and fingerprinted through the Kent County Jail.
Arraignments
An arraignment is a pretrial court hearing at which you are informed of:
- The charges being brought against you;
- Your rights;
- The appointment of counsel;
- Type and amount of bail; and
- The penalties you will face if you plead guilty or are found guilty of the charges.
Expungement
An expungement is simply setting aside a conviction. The expungement, when approved, will make the conviction nonpublic. For more information, instructions and forms, please visit Michigan Legal Help for more information.