Whether facing a misdemeanor or  felony case, navigating the process alone is difficult, but Kalamazoo Defender is here with  you each step of the way and will help guide you through the expectations and  responsibilities of the criminal court process. Below, you will find a brief description of  each step in the criminal court process, so you may develop a better understanding of  what lies ahead.

Arraignment (First Court Event)  

The arraignment is the formal process that starts a criminal case. A judge or magistrate is  required to inform the defendant of the charges they are facing and the maximum potential  penalty for each charge. The judge must make sure the defendant understands the charges against them, not that the defendant agrees with the charges.  

Each person arraigned in Kalamazoo County will have the ability to speak with a  Kalamazoo Defender, unless they have hired their own attorney, and to ask questions about the charges they are facing. The Kalamazoo Defender will explain to them their rights  and explain how the formal arraignment will proceed. We will also submit to the court and appearance for all defendants that our office will be representing.  

During the arraignment, the judge starts by asking the client’s name, then reads the  complaint. In cases with only misdemeanor charges, the judge will ask if the client  reviewed the advice of rights form and if they have any questions. They will then ask for a  plea from the client. The client can plead not guilty, no contest or guilty. Without an agreement about a specific outcome, Kalamazoo Defender recommends never entering a guilty plea. In cases that have felony charges, the court will enter a not guilty plea, inform  the defendant of certain rights they have, and schedule the matter for further proceedings.

First Court Event after Arraignment 

For felonies, this is the Probable Cause Conference, and for misdemeanors, it is the Pre Trial. This is the first time defense attorneys meet the prosecuting defense attorney. During this meeting, the prosecution will often make an offer to resolve the case, and you will have a chance to speak with your attorney about any offers and how you would like to proceed. 

Preliminary Exam (Felonies Only) 

Preliminary exams are optional and test the prosecutor’s evidence in felony charges. Though it may look like a trial because the prosecutor can put on witnesses, it is not a trial. Defense attorneys will probably not put forward any evidence because this tests their  case, but sometimes they will if it will get the client off completely and shuts the case down. The Prosecutor must prove there is probable cause to charge a person with a felony. 

At this stage, they do not have to prove guilt to a reasonable doubt standard, it is only to  keep the case going. The judge then decides whether to dismiss the case because the  prosecutor didn’t prove probable cause or the judge can find that there is probable cause. If there is probable cause for a felony, the judge will send it to Circuit Court, which is called “bind-over.”  

Alternatively, if the judge believes there is only probable cause for a misdemeanor, they will keep the case in District Court. 

Felony Pre-Trial 

The first hearing once a case reaches circuit court is a pre-trial. Many cases are worked out through a plea deal at circuit court. There are also many cases that don’t settle at the pre-trial. For cases that don’t resolve, a trial scheduling order will be created and a trial date will be given. After the pre-trial, you and your attorney will continue to work up the case and  prepare for trial. 

Settlement Conference 

The Settlement Conference is the last formal hearing before a trial. Many cases are  resolved at this time, but for those that aren’t they will remain on for trial. Many offers from  the prosecution will expire at this time and resolution is often “as charged” from here on,  but exceptions to the rule do exist. Any issues prior to try will be addressed and  instructions for trial should be communicated to the defendant. 

This is the last event before a trial, and the last opportunity to plead to a lesser charge.  Again, defense attorneys meet with the prosecutor, where evidence issues are discussed  and plea deals are negotiated. This is the last stop before trial. 

Trial 

99% of trials are jury trials, where citizens of Kalamazoo County come to serve jury duty. At trial, the prosecution must prove the defendant committed the crimes charged. They must  establish each element of a criminal charge beyond a reasonable doubt and if they don’t  the defendant is entitled to a not guilty finding. 

Trials are high-stakes proceedings where a defendant’s fate is placed in the hands of  twelve jurors. The prosecution has the burden of proof at trial and a defendant is not  required to do anything, although a vigorous defense is often put forward. 

Once all the evidence in a trial has been submitted the jury is given their instructions and  told to go deliberate on each charge against the defendant. The judge will find a defendant  guilty or not guilty of each charge leveled against them by the prosecution. If the jury is  unable to reach a unanimous decision, the case will be a mistrial and may lead to another  trial over the same charges. Being retried after a mistrial does not violate the Double  Jeopardy clause of the Constitution.

Before trial, clients decide whether they’d like a judge or a jury to determine what the facts are.

The prosecutor must present evidence and witnesses in order to prove what they  claim to be true is “beyond a reasonable doubt.” Defense attorneys don’t have to put up  any witnesses or evidence, as the burden is on the prosecutor alone. But defense attorneys  can put up witnesses and present evidence if it creates that reasonable doubt. 

The “fact finder” – either judge or jury, depending on what the client chose – then  concludes whether what the prosecutor is claiming can be believed beyond a reasonable doubt. They will find the client “guilty” or “not guilty.” They will never find the client “innocent.” 

Sentencing 

If the client is found guilty or pleads before their trial, the client will be sentenced. Under Michigan Law, victim crimes provide for delay before sentencing so that the victim may  make a statement. 

• Misdemeanor: Usually occurs immediately after the trial or plea, unless crime  victim case 
• Felony: Scheduled 3–8 weeks after conviction 

The Michigan Department of Corrections (MDOC) requires a pre-sentence investigation to  occur on all felony convictions. The defense attorney will review the probation officer’s  report with the client before sentencing to ensure accuracy. 

Importance of Village Services 

When a client chooses to work with Kalamazoo Defender’s Village staff and partner service providers, defense attorneys may also include evidence of the client’s current life  circumstances and efforts to take care of themselves. Doing this conveys the client’s willingness to make positive changes to their life and may improve their sentence.  

Clients have the opportunity to engage with Village services which includes client  navigators who can help remove immediate barriers such as emergency food,  transportation to court, and trial clothing and connect them to various organizations and services in Kalamazoo County that will not only support a client in life, but may also  improve court outcomes such as a delayed sentencing or reduced sentence if convicted.