Charged with a Felony in Michigan? Here is what you can expect!

MICHIGAN CRIMINAL JUSTICE FLOW CHART

(FELONY CRIMINAL CASES)

1. Arrest Made (accused brought to county jail)
• Probable cause of involvement in commission of crime
• Criminal Complaint Filed
• Arrest warrant issued
• Summons issued in certain cases
2. Arraignment on the Warrant (takes place before District Court Judge or Magistrate)
• Within 72 hours of arrest
• Accused receives written charges
• Bond is set
• Preliminary Hearing or Pre Exam hearing is scheduled depending on type of case
3. Preliminary Hearing(within 14 days of arrest; may be postponed)
• Not a guilt or innocence proceeding
• To determine whether there is sufficient evidence to hold the case for trial before a judge or jury in the Trial Court or Circuit Court
• As a result of the hearing the case may result in reduction of charges, dismissal of case, or assessment of fines
• A motion for bond reduction may be made at this proceeding
• Accused is presumed innocent and usually does not testify
• If probable cause or sufficient evidence is present is sufficient for the District court judge the judge will “Bind Over” the matter to Circuit Court for/to be put on the trial docket.
4. Formal Arraignment or Arraignment on the Information in Circuit Court
• Accused receives final charges in writing
• Accused enters plea of guilty or not-guilty
• Accused requests jury or non-jury trial
• Defense Counsel must enter "Appearance" as Counsel of Record
• Case is assigned to a judge or depending on the circumstances stays with the Arraignment judge(if in Wayne County Criminal Division)
• Establishes time periods for filing of Discovery, Bond Issues, and Pre-Trial Motions
• Final Pre-Trial Conference is scheduled
5. Final Pre-Trial Conference 
• Informs judge of how case will proceed (jury trial, non-jury trial, pre-trial motions, plea)
• Trial or plea date is scheduled
6. Trial (Jury or Non-Jury)
• If incarcerated, accused must be brought to trial within 180 days of filing of Criminal Complaint unless there is excludable time charged to accused
• If on bond, accused must be brought to trial within 365 days of filing of Criminal Complaint unless there is excludable time charged to accused
• Accused may present a defense to charges in a suppression hearing, jury or non-jury trial.
• If acquitted on all charges the case concludes
• If accused is convicted of all or any charge by entry or plea or guilty verdict by judge or jury the case proceeds to sentencing stage
7. Sentencing
• Upon conviction, and depending upon the severity of the crime(s), the case will be set for a sentencing date immediately, a Pre-Sentence Investigation is ordered to assist the judge in imposing sentence.
• Depending upon the crime(s) involved, sentencing may involve total confinement in a state or county facility, alternative housing, home detention, probation, payment of fines and restitution.
• Pre Sentence Motions or memoranda must be filed (if at all) in writing and within 10 days of sentencing
• An appeal may be filed (if at all) in writing within 42 days of sentencing.