IF YOU ARE ARRESTED
(This page is for informational purposes only)
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CLICK HERE FOR LEGAL INFORMATION
CLICK HERE FOR DISTRICT COURT INFO
Right to remain silent and not have that silence used against you
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.
CLICK HERE FOR ADVICE OF RIGHTS FORM (PDF)
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.
ADJOURNMENT
A delay asked for by the judge or either side. The judge must agree to the delay.
ARRAIGNMENT
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.
BOUND OVER
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.
CIRCUIT COURT
Court which handles all felony trials and sentencings.
CRIMINAL DEFENDANT
A person who is charged with a crime.
DISTRICT COURT
Court which handles all misdemeanor cases, sentencings, traffic violations, and the first stages of felony cases.
FELONY
A crime for which a person may be sent to state prison or local jail for more than one year.
MISDEMEANOR
A crime for which a person may be sentenced to not more than one year in the county jail.
MOTION
Court hearing to answer legal questions.
PAROLE
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.
PRELIMINARY EXAMINATION
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.
PRETRIAL
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.
PRESENTENCE REPORT
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.
PROBATION
A sentence that places the offender under the close supervision of a probation officer.
RESTITUTION
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.
STAND MUTE
One of the possible pleas at arraignment which is the same as not guilty.
SUBPOENA
A legal order which requires a person to appear in court to testify as a witness.
WAIVER
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.
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