The criminal legal process can be confusing. And if you’ve been charged with a crime, the confusion will only add to your stress.
To demystify the criminal legal process, I created this guide to pre-trial criminal procedure, which explains the criminal legal process from the time the crime was committed through investigation, arrest, and a defendant’s first appearance in court.
This is a general overview. Special circumstances may make the process slightly different. But understanding how a criminal case is investigated, when an arrest is made, and what happens after a criminal case is filed can help a defendant understand pre-trial procedures and what to expect in a criminal case.
If you are under investigation or have been charged with a crime, experienced legal representation is crucial. Elmen Legal stands ready to answer your questions, guide you through pre-trial criminal procedures, and protect your rights.
After a crime has been committed, someone will usually make a police report. In some cases, the police are notified of a crime through a 9-1-1 call, and officers will be dispatched to investigate the report. Other times, law enforcement agents will learn of alleged criminal activity and conduct a lengthy investigation before filing criminal charges.
Once law enforcement agents learn of the alleged criminal activity, they begin an investigation. Depending on the nature of the criminal activity, the investigation could be straightforward and quick, or it could take weeks or even months.
A police investigation usually involves interviewing witnesses and suspects, collecting physical evidence, taking measurements of the crime scene, requesting and executing search warrants, and obtaining and reviewing documents for evidence.
In other cases, like if the crime occurred in the police officer’s presence or if the police officer has probable cause to believe a crime occurred, a police officer can arrest a suspect on the spot without the need for an arrest warrant.
If the police officer did not immediately place a suspect under arrest but believes a crime was committed, the officer will suggest potential criminal charges by submitting a warrant request to the prosecutor. The prosecutor will review the reports and records concerning and if they believe a crime was committed, will issue criminal charges.
If the prosecutor believes additional evidence is necessary or will help secure a conviction, the prosecutor can send the case back to the police for further investigation.
If the prosecutor finds probable cause to believe a crime was committed, the prosecutor will prepare a criminal complaint and request that the judge issue an arrest warrant. A witness, usually a police officer, will testify before a judge that the information in the complaint is true, and the prosecutor will ask the judge to issue an arrest warrant.
In some cases, such as if the suspect is not in the State of Michigan, there can be a considerable delay between the time the arrest warrant is issued and the arrest.
Once the suspect is in custody, the court will schedule a pre-trial hearing, called an arraignment. This is the first time the suspect will appear in court. The defendant will be told what the charges are and the maximum penalty if they are convicted. The judge will advise the defendant of their constitutional right to a trial by jury, the presumption of innocence, their right to an attorney, and the right to call witnesses.
The judge will also set a bail or bond amount. By posting bail, the defendant will be released from jail until the trial. The money ensures that the defendant will not leave the court’s jurisdiction and will appear at all scheduled court dates.
From this point forward, there are differences in the pre-trial criminal procedures depending on whether the defendant was charged with a misdemeanor (a crime punishable by less than one year in prison) or a felony (punishable by more than one year in prison).
If the defendant was charged with a misdemeanor crime, they will be asked to enter a plea of guilty, not guilty, or no contest at the pre-trial hearing. If the defendant pleads guilty or no contest, the judge may sentence the defendant that day. Other times the judge will request a pre-sentence report, which will give the judge information about the defendant’s background, the crime that was committed, and a sentencing recommendation.
If the defendant was charged with a felony, the case will be scheduled for a probable cause hearing, where the judge will review the evidence to determine that there was probable cause to believe the defendant committed a crime. The pre-trial conference is an opportunity for the defendant to cross-examine the state’s witnesses and challenge some of the evidence. It is also an opportunity to have evidence excluded from consideration if it was obtained illegally.
If the judge determines there was probable cause to believe a crime occurred, the case will be scheduled for an arraignment where the defendant will enter a plea of guilty, not guilty, or no contest.
If you were charged with a crime in Ann Arbor or anywhere in southern Michigan, experienced criminal defense representation is critical. The criminal legal process is complicated, and the stakes are high. Having a knowledgeable and experienced criminal defense attorney on your side can mean the difference between your freedom and a lengthy prison sentence.
Elmen Legal proudly defends people who have been accused of crimes in Michigan. Attorney Elmen will carefully analyze your case, conduct an independent investigation, provide legal advice and counsel, and aggressively defend you against the charges.
Call (734) 707-8915 to learn more about criminal defense attorney Robert Elmen and the cases he handles, or contact Elmen Legal online to schedule a confidential consultation to discuss your case.
Elmen Legal is based in Ann Arbor and proudly serves people throughout Michigan, including Saline, Pittsfield Township, Chelsea, and Ypsilanti, as well as Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.
© 2024 Elmen Legal, PLLC — Ann Arbor, Michigan Criminal Defense Attorney
