Criminal cases in Michigan are classified as either misdemeanors or felonies, with felonies being the more serious of the two. Misdemeanors are cases punishable by up to 1 year incarceration or less. Felonies are all of those charges with penalties higher than that.

For felony charges in Michigan, the process typically starts with an arrest or the issuance of an arrest warrant. The defendant will be taken into custody and brought before a judge or magistrate for an arraignment hearing within a reasonable time. At the arraignment, the charges are read, the defendant is advised of their rights, and bail is set. The matter is then set for a preliminary examination (or prelim), which must occur within 21 days of the arraignment, unless the defendant agrees to a longer time line. The prelim is a formal hearing where the prosecutor must establish probable cause that a felony was committed and the defendant committed it. If probable cause is found, the case gets bound over from District Court to Circuit Court for further proceedings.

In Circuit Court, the defendant is arraigned again on the Information, which formally charges them with the felony offense(s). Most often, this second arraignment is waived unless new charges are added. The next major stage is the pretrial phase, where motions are filed, evidence is exchanged through discovery, and plea negotiations may occur. If no plea deal is reached, the case heads to trial.

At a felony trial, the prosecutor bears the burden of proving the defendant's guilt beyond a reasonable doubt to a jury or judge. The defendant has rights like presenting a defense, cross-examining witnesses, etc. If found guilty at trial or if a defendant accepts a plea deal prior to trial, the defendant proceeds to sentencing, where the judge determines the appropriate sentence based on sentencing guidelines, victim impact statements, and other factors. Sentences for felonies can range from probation up to life in prison, depending on the severity of the crime. The defendant also has rights to appeal their conviction or sentence to higher courts like the Michigan Court of Appeals and Michigan Supreme Court if errors occurred. Those are the general highlights, but felony cases can involve many complex procedures and motions along the way.

Every case is different. Your felony matter may include all, some, or none of these procedures. If you are facing a felony charge, you should seek out experienced and aggressive counsel that will protect your rights and put your best foot forward in your defense. Call the advocates at AARON.LAW by calling us at (877) AARON-4U.