Flint Criminal Defense Lawyer

How Criminal Cases Work

Even though Michigan’s criminal justice process may seem intimidating, we can guide and prepare you for each phase. Let’s look at the process and what choices are available at each phase.

Arraignment

Whether you're charged the next day or weeks later, your first court appearance is known as an arraignment. All charges are processed at the District Court level. At this appearance, you may enter a guilty or not guilty plea. The judge will also review your bail if you're in custody or if your criminal defense attorney requests it. Judges may choose from several options, including:

• Release on Own Recognizance (released on promise that you will come back)
• Signature Bond (can sign yourself for unsecured bond amount)
• Cash bond (must pay cash on bond to be released)
• Require property bond (property must have a certain value)

If you enter a not guilty plea, you will be scheduled for your next court appearance either for a pre-trial conference or a trial for misdemeanors and traffic violations.

For felony charges, you will appear in what is called a preliminary hearing, in which the prosecution presents evidence to establish probable cause that you committed the crime for which you have been charged.

The prosecution usually proves the case in open court by having the arresting officer testify, after which the case goes to a grand jury for an official indictment. After a formal indictment has been issued by the grand jury, the case is then sent to the Circuit Court for arraignment.

Pre-Trial Conference

Prior to trial, pre-trial conferences are held and give your attorneys the opportunity to work towards several objectives. These conferences are an excellent chance to seek a plea agreement. Plea agreements might include an unlimited variety of plea options.

• Fines
• Court Costs
• Random Drug Testing
• Probated Jail Time
• Drug & Alcohol Evaluation/Treatment
• Active Jail Time
• No Contact with person or premises
• 3rd Party Mediation
• Classes
• License Suspension

These sentences could either be part of a plea or a diverted case where upon showing proof of completion, charges are dismissed.

Your criminal defense lawyer may request or receive evidence prior to your trial through pre-trial conferences. Through talks with the prosecutor, your lawyer may discover what evidence the prosecution has against you, what evidence they plan to present at trial.

The Court may also hear motions on a variety of topics, including requests to include or exclude certain evidence, request for the type of trial to be held, or changes in restrictions imposed on the defendant prior to trial.

Hearings can be quick and simple, or they can be long and complex, with each side presenting evidence to support their claims.

Trial

There are two types of trial that you might face – bench trail and jury trial.

In a bench trial, the prosecution will go first in a bench trial, and the defense may then present evidence and make brief arguments to the judge, who will make a decision.

In a jury trial, the process involves several steps to properly prepare and educate the jury on the questions they must answer and the evidence they may consider. The jury must answer whether you are guilty beyond a reasonable doubt.

Jury trials include:

• Jury selection
• Opening statements by each side
• Prosecutions presentation of evidence
• Defense’s presentation of evidence
• Closing arguments
• Jury instructions
• Jury deliberations
• Jury’s decision

Post-Trial

After the trial is over, there may be several actions that need to be taken. This may include a motion for a new judgment, a notification of appeal documents, or an expungement request. In addition, you may have to pay penalties and costs, in addition to providing proof to the court of completion of other sentencing obligations if you're convicted.

Contact Bruce Leach to Get Results

Facing a criminal charge is very serious and could lead to many long-term negative consequences. To get your best chance in the justice system, contact Bruce Leach, a Flint criminal defense attorney with a history of getting positive results for his clients.