Most people have never interfaced with the criminal justice system, so they are unsure of what to expect from the process. Being arrested for a crime is a distressing and disorienting experience, but the state must follow a very specific process when charging and prosecuting crimes. If you are currently facing criminal charges in Michigan, talk to a criminal defense attorney to understand your legal options and what comes next.
How Does Michigan Process Crimes?
The exact process of what happens after being charged depends on whether the crime is a misdemeanor or a felony.
Misdemeanor
After the initial arrest and booking, the court will schedule a date for an arraignment. During the arraignment, the court will formally notify you of the charges, and you will enter a guilty or not guilty plea. If you plead guilty, the case immediately moves to sentencing, where a judge imposes a prison sentence or fine.
If you plead not guilty, the case moves to a pre-trial phase, or discovery phase. During discovery, both sides conduct an investigation and share evidence with one another. You can change your plea during the pre-trial phase or accept a plea bargain. After the pre-trial phase comes the trial, where a judge and jury will consider the evidence and render a verdict. You can appeal the verdict of a trial if you believe it was reached in error.
Felony
Like misdemeanor cases, felony cases start with an arraignment where you enter a guilty or not guilty plea. After the arraignment, though, you will attend a preliminary exam. During this exam, the state examines the prosecution’s evidence to determine if there is enough probable cause to proceed with the felony charge. The burden of proof in preliminary exams is lower than in criminal trials. Misdemeanor charges do not have a preliminary exam.
After the preliminary exam, the pretrial phase begins, during which discovery and pretrial motions happen. If you do not change your plea or accept a plea deal during the pretrial phase, the case proceeds to a trial with a judge and jury. Similar to misdemeanors, you can appeal a felony conviction if you believe it was made incorrectly.
Can I Expunge Criminal Convictions in Michigan?
Compared to many other states, Michigan is fairly lenient with expunging criminal convictions. Most misdemeanor and felony convictions in Michigan are eligible for expungement, though there are a few conditions and restrictions:
- You can only expunge up to three felony convictions. There is no limit for expunging misdemeanor convictions.
- You cannot expunge more than two convictions for assaultive crimes.
- You can only expunge one felony conviction with a prison term of ten years or more.
Crimes resulting in life imprisonment and most sex crimes and crimes against minors are not eligible for expungement. There is a general five-year waiting period to expunge felony convictions and a three-year waiting period to expunge misdemeanors. If you want to expunge more than one felony conviction, the waiting period is instead seven years (MCL 780.621d). Michigan has also recently passed the Clean Slate Law, which allows some convictions to be automatically expunged after a waiting period.
Contact a Criminal Defense Attorney Serving Michigan
A criminal conviction can rob you of your freedom and have numerous undesirable effects on your life. If you have been charged with a crime in Michigan, it’s imperative that you work with a criminal defense attorney to protect your rights. The Law Office of Jodi L. Hemingway, PLLC, can provide the criminal defense you need to pursue the most favorable outcome. Contact our office online or call today to speak to a criminal defense attorney in Flint, Michigan.
