Criminal Process

The process by which a criminal case is resolved is called criminal procedure. Criminal procedure in Midland County is as follows:

1. Once the commission of a crime is reported or discover the Police (if it occurs in the city limits) or the Sheriff (if it occurs outside the city limits in the county of Midland) investigate the crime.
2. If the law enforcement officer did not observe the commission of the crime, he will prepare a written report. This report is forwarded to the Midland County Prosecutor’s Office for review.
3. If the law enforcement officer did observe the commission of the crime, he may arrest you on the spot and later prepare a written report. This report is forwarded to the Midland County Prosecutor’s Office for review.
4. Once the prosecutor completes his review of the police report, a decision is made whether to file a criminal complaint.
5. If a criminal complaint is filed, the person who is accused of a crime is called the defendant in the complaint. S/He is notified and asked to attend an arraignment in District Court.
6. At the arraignment in District Court the judge explains the crime you are charged with and the maximum penalties for that crime. He also explains your right to an attorney.
7. If the case is not resolved by a plea at arraignment, a pre-trial is scheduled. The purpose of this meeting is to discuss whether a misdemeanor can be resolved by plea or whether a trial is needed. If a trial is need, the court will set the trial date at the pre-trial conference. In the case of a felony, the purpose of this meeting is to decide whether a preliminary exam is needed or whether it will be waived. If a preliminary exam is requested, a date will be set at the pre-trial conference.

MISDEMEANOR	FELONY
8. Prepare for trial is the next step in a misdemeanor case.	8. If Defendant (the person accused of a crime) requests a preliminary exam, it is held in District Court. At this exam the prosecutor must prove that there is probable cause that Defendant committed the crime. If the prosecutor is unsuccessful, the case is thrown out.
9. If Defendant requests a jury trial then a jury will be impaneled to decide whether the prosecution has proven defendant’s guilt beyond a reasonable doubt. If the fact finder (jury or judge) decide the prosecutor has not met its burden, Defendant is acquitted and released.	9. If the prosecutor is successful, the case is bound over to Circuit Court where another arraignment is required. In Midland County District Court judges are permitted to complete this step if Defendant agrees. Also, if a plea-agreement has been reached, Defendant may elect to have his plea taken by a District Court judge.
10. If the jury decides the prosecutor has proved beyond a reasonable doubt that the person committed the crime, the judge may accept their finding and enter a conviction on the person’s record. After the trial, the judge will re-evaluate bail, set a sentencing date and require the person convicted (Defendant) to set up and attend a meeting with the District Court Probation Department.	10. If the plea is not taken in District Court, the next hearing to be scheduled is a Circuit Court Pre-trial Conference. The purpose of this meeting is to discuss whether this felony can be resolved by plea or whether a trial is needed. If a trial is need, the court will set the trial date at the pre-trial conference.
11. On sentencing day Defendant will return to court to hear his sentence.	11. Prepare for trial is the next step in a felony case.
12. As a part of the sentence the judge usually includes a term of probation.	12. If Defendant requests a jury trial then a jury will be impaneled to decide whether the prosecution has proven defendant’s guilt beyond a reasonable doubt. If the fact finder (jury or judge) decides the prosecutor has not met its burden, Defendant is acquitted and released.
	13. If convicted, the judge will re-evaluate bail, set a sentencing date and require Defendant set up and attend a meeting with the District Court Probation Department.
	14. On sentencing day Defendant will return to court to hear his sentence.
	15. As a part of the sentence the judge usually includes a term of probation. If sent to prison, the parole board will decide conditions of parole.