What Do You Do if You Are on Trial for a Crime in Michigan?

Criminal trials in the State of Michigan generally occur when a resolution cannot be reached regarding the charges filed against a defendant during the pre-trial stage of a criminal trial. Before a case goes to trial, the Michigan Judicial Process requires both the prosecutors and the defendant’s party to deliberate on a plea bargain depending on the severity of the charges. If a plea bargain is agreed upon, it may result in a case not going to trial. Where an agreement cannot be reached, the case goes to trial in a Michigan Circuit Court, where the prosecutors try to prove, beyond a reasonable doubt, that the defendant may be guilty of the criminal charges.

What Percentage of Criminal Cases Go To Trial in Michigan?

In the 2019 Court Caseload Report published by Michigan courts, the state’s circuit courts were recorded to have received 67,171 criminal caseloads, with dispositions amounting to 54,596 that year. According to the report, the courts recorded a clearance rate of 81.3%, with 1,603 cases tried and concluded. Summarily, criminal cases that made it to trial amounted to about 2.4% of the total criminal cases recorded in 2019. While 1,217 cases were subject to jury trials, 386 criminal cases were subjected to trial by judges.

When does a Criminal Defendant Have the Right to a Trial?

According to state laws, all defendants generally have the right to a trial in court and before a jury. Michigan’s court rules also preserve a defendant’s right to trial as declared in the state laws. Although the right to trial is initially waived in civil cases, defendants may demand it. Defendants may file a demand for trial through a written petition to the court after payment of the required fees. Criminal defendants may also demand a trial for only some of the charges against them. In a criminal case, a pre-trial conference occurs where prosecutors attempt to settle with plea agreements that may reduce the potential punishment of defendants. The defendant may demand a trial if they don’t take the plea bargain.

What are the Stages of a Criminal Trial in Michigan?

The stages of a criminal trial in the state of Michigan typically include:

• Opening statements by the prosecutor and the defendant.
• Prosecutor’s presentation of evidence and witnesses.
• Motion for a directed verdict.
• Defendant’s presentation of evidence and witnesses.
• Closing arguments by both parties.
• Jury charge.
• The jury or bench verdict.
• Post-trial motion.

How Long Does it Take for a Case to Go to Trial in Michigan?

Before a case goes to trial at a Michigan circuit court, it begins with an arraignment in a district court. For a misdemeanor charge, the defendant must enter a plea of guilty, not guilty, or no contest. A pre-trial is the longest part of the process, as it entails settling issues like the validity of evidence, and the prosecutor offers a plea bargain to avoid a trial. The case may not go to trial if the plea bargain is taken. The case goes to trial if there is no resolution at this phase.

However, a felony offense is more severe and takes a longer process. After the arraignment, in which the defendant cannot enter a plea option, a pre-exam conference follows, which involves the prosecutor and defendant parties trying to resolve the case. Another hearing is held within 14 days of the initial arraignment to establish if there is enough evidence against the defendant. A defendant may waive the right to this hearing and have the case transferred to a circuit court. A second arraignment occurs in the circuit court during which the defendant is required to enter a plea option. The pre-trial phase follows, and a trial is mandated if the case cannot be resolved.

What Does it Mean to be Indicted in Michigan?

The Michigan Code of Criminal Procedure provides indictment guidelines and regulations. An indictment in Michigan is a situation where a grand jury finds probable cause to accuse an individual of committing a crime. This differs from other trial-initiating charges because a special panel is required to decide if the case will proceed to trial after assessing all evidence presented by the prosecution team. Indictments are usually for serious offenses like felonies, but do not indicate guilt or liability for the alleged crime. The process of obtaining an indictment begins with constituting a grand jury of 13 to 17 individuals according to Michigan Compiled Laws § 767.11.

The prosecution team presents relevant facts and evidence to the grand jury in the presence of the judge who regulates the proceeding. The jurors deliberate and review the evidence before reaching a majority decision. This means that the grand jury is not required to reach a unanimous decision before an indictment may be returned. According to Michigan Compiled Laws § 767.23, an indictment requires at least nine grand jury members to concur and vote the same. If a majority vote in favor of indictment is achieved, the grand jury returns an indictment to the court, and it is filed to signal that the case may be heard in the trial court.

After the grand jury returns an indictment, the defendant is served, and the court schedules an arraignment before trial begins. However, a trial may still be avoided if a plea agreement is reached.

Does Indictment Mean Jail Time in Michigan?

No, an indictment in Michigan does not automatically mean jail time because indictments do not contain proof of guilt. Indictments cannot be used as evidence that an individual is guilty of a crime. Thus, jail time is only possible when the defendant is in custody before the indictment is returned. Offenders may also remain in law enforcement custody if:

• They cannot make bail
• Bail was denied
• The offender might escape before trial
• The offense is serious, such as murder (Article I, Section 15)
• For public safety, according to Michigan Court Rule 6.106.

What Happens When a Court Case Goes to Trial in Michigan?

Typically, a trial begins with both parties’ opening statements, which usually contain case information, relevant evidence, and the facts to be proven or disproven. After the opening remarks, the prosecutor typically presents their case and cross-examines their witnesses. The defense attorney may move for a directed verdict to convince the court to dismiss the prosecutor’s evidence based on its irrelevance. Subsequently, the defendant’s attorney may follow up by presenting their evidence and witnesses. The parties may also examine and cross-examine the evidence and witnesses brought forward by one another.

Each side will conclude its presentation with a closing argument summarizing its case. If a jury presides over the case, they are usually required to retire to a separate room and deliberate on the case before giving a verdict. In a bench trial, the judge may also take some time before passing a verdict. If a jury finds a defendant guilty, they may file a Judgment Notwithstanding the Verdict motion. This motion aims to convince the judge to set aside the jury’s verdict and rule a new judgment in their favor.

Can you be Put on Trial Twice for the Same Crime in Michigan?

No, persons tried for a crime in Michigan cannot be retried for the same offense. The federal law of Double Jeopardy in the Fifth Amendment protects people from being re-prosecuted for crimes that have previously been tried for. However, some exceptions may apply to the law, such as the Double Sovereignty Doc, which occurs when a conflict of interest between different government units arises over the definition of a particular crime. For example, an offender who was prosecuted in a state under the state’s laws may be re-indicted for the same crime by the federal judicial system if the state’s verdict doesn’t satisfy the federal regulations. Another exemption may occur following a mistrial. Mistrials may happen when a judge concludes an earlier trial without deciding the facts against a defendant, when a jury can’t reach a verdict on a case, or prosecutorial misconduct happens. This may lead to the retrial of the case.

How Do I Look Up a Criminal Court Case in Michigan?

Interested persons may access information on criminal court cases at the court clerk’s office where the case occurred. Criminal case information may be obtained in person at the clerk’s office or through a written request via mail. Interested persons may find the contact details of the clerks’ offices in Michigan in the court directory. Requests via mail may be facilitated by filling out and submitting the court’s record request form. Alternatively, criminal court records may be easily retrieved on third-party websites that offer this service.

How to Access Electronic Court Records in Michigan

The Michigan courts’ online case search feature may obtain electronic court records. The case search feature allows the general public to obtain court records online by searching with the docket number, the name of the party involved, and the attorney’s name. More information on utilizing the case search feature may be found on the case search tips webpage.

Michigan criminal records may also be accessible through third-party websites. These sites may offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How Do I Remove Public Court Records in Michigan?

Michigan’s Setting Aside Convictions statute provides the procedures for removing public court records after five years for people with a felony or two misdemeanors. The statute also doesn’t allow the sealing of records for traffic crimes, leading to serious bodily injuries or manslaughter. The steps involved in sealing public records in Michigan include, but are not limited to:

• Petitioning a court to seal records.
• Getting an application form to set aside a conviction notarized.
• Payment of required fees.
• Review by a judge to grant a record sealing request, if eligible.