Criminal law and procedure in michigan
Skip to main content. Michigan Return to State List. While we have made an effort to ensure that this information is correct and current, the law is regularly changing, and we cannot guarantee the accuracy of the information provided. This information may not be applicable to your specific situation and is not, and should not be relied upon, as a substitute for legal advice. Blood, Tissue, Organ, and Semen Donation:.
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In order for the case to continue, the prosecutor must prove that there is probable cause to believe that the crime took place and the accused committed it.
You will be required to testify. The case may be dismissed at this point or bound over to circuit court for trial. Sometimes the defendant may waive the right to a preliminary exam and the case will go straight to circuit court. Plea Bargaining The prosecutor and the defense attorney may negotiate about the degree and type of the final charge.
This is called plea bargaining. The defendant may agree to plead guilty to a lesser charge to avoid a more severe punishment.
Gillespie Michigan Criminal Law and Procedure: Practice Deskbook, 12222 ed.
A plea may be entered to the judge at any time during the court process. The prosecutor should discuss any pleas with you. If you feel strongly about the plea, speak to the prosecutor and let your opinions be known. Arraignment in Circuit Court: The charges will be read to the defendant in circuit court. The defendant will be again given the opportunity to plead.
Michigan Criminal Process
If the defendant pleads guilty or no contest, a sentencing date will be set. If the defendant pleads not guilty, a trial date will be set. Pretrial Conference and Motions: The court may hear motions to determine what evidence will be admitted. The defense attorney and the prosecutor may discuss a plea bargain.
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Trial: The prosecutor will try to prove beyond a reasonable doubt that the defendant committed the crime. The victim has the right to be present throughout the entire trial of the defendant, unless the victim is going to be called as a witness. If the victim is called as a witness, the court may for good cause, order the victim to be sequestered until the victim first testifies.
Criminal Law and Procedure Manual
As the accused, the defendant has the right to stay in the courtroom throughout the entire trial. The trial could take several days to complete. If the defendant is convicted, a sentencing date will be set. Sentencing: If the defendant is convicted or pleads guilty or no contest, the probation department will make a sentencing recommendation to the judge. You have the right to submit or make a written or oral impact statement to the probation officer for use in preparing the presentence investigation report.
A written statement turned in before the sentencing date will become part of the file.