Grand Valley Police Department
If you are arrested
This page is for informational purposes only
- Right to have an attorney, including a court appointed if you are indigent
- Right to be advised of charges against you
- Right to not be questioned by a law enforcement officer if an attorney is requested
- Right to have bond set within a reasonable time
If arrested for OWI (operating a motor vehicle under the influence of intoxicating liquor) or
impaired driving, there is a detoxification period before you are released.
If brought to court, the following are your procedural rights:
- Representation by an attorney
- Enter a plea of guilty or not guilty to the charge
- Request a trial by judge or jury
- Presumption of innocence until proven guilty
- If you plead guilty, you give up the rights listed above and there will not be a trial.
If you request a trial, you are entitled to the following:
- Call witnesses on your behalf
- Request the court issue subpoenas to serve upon witnesses
- Cross examine the witness(es) against you
- Be a witness on your own behalf or remain silent
- Charges against you must be proven beyond a reasonable doubt
If you are charged with a felony, contact an attorney as soon as possible for legal advice as to your rights.
A delay asked for by the judge or either side. The judge must agree to the delay.
A defendant appears in court, is formally charged, can plead guilty, not guilty, or stand mute. The type and amount of bond is set at this hearing.
After a preliminary examination, if the judge finds that it is reasonable to believe that the defendant committed the crime, the defendant is sent to Circuit Court to stand trial.
Court which handles all felony trials and sentencings.
A person who is charged with a crime.
Court which handles all misdemeanor cases, sentencings, traffic violations, and the first stages of felony cases.
A crime for which a person may be sent to state prison or local jail for more than one year.
A crime for which a person may be sentenced to not more than one year in the county jail.
Court hearing to answer legal questions.
After release from a state prison, an offender can be placed on parole for a given amount of time. He or she reports regularly and is supervised by an agent from the Michigan Department of Corrections.
A hearing to determine whether a crime occurred and if there is reason to believe the defendant committed it. This hearing, in District Court, is held only for felony crimes.
Meeting between lawyers to see if the case can be settled without going to trial or to see if all parties are ready for trial.
A report that is prepared by a probation officer to assist the judge in passing sentence on a convicted defendant. The report includes relevant background information about the defendant, a full description of the criminal activity, and a sentence recommendation. A victim impact statement may be included in this report.
A sentence that places the offender under the close supervision of a probation officer.
An amount of money set by the court to be paid to the victim of a crime for property losses or injuries caused by the defendant.
One of the possible pleas at arraignment which is the same as not guilty.
A legal order which requires a person to appear in court to testify as a witness.
The intentional or voluntary relinquishing or giving up of a legal right. Common examples: A person may waive the right to appear before the court for Circuit Court arraignment or the right to a trial by jury.
Page last modified January 8, 2011