| Prosecuting
Attorney Information |
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| How
a criminal case progresses in St. Joseph County |
| Misdemeanor
Information |
| Felony
Information |
| Victim
Assistance |
| Who
pays for all of these services? |
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| The
Prosecuting Attorney is the chief law enforcement official
for St. Joseph County. The Prosecutor’s office is responsible
for prosecuting criminal offenses and juvenile delinquency
cases. Child abuse and neglect cases, as well as contested
mental health commitment hearings are additional responsibilities
of this office. |
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| How
a Criminal Case Progresses in St. Joseph County |
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 A
crime is committed and the police are notified. |
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An
investigation is done and a suspect is identified. |
| An
investigation may take some time. When all the evidence is
gathered and analyzed, and lab evidence (if necessary) is received,
the police send the results to the Prosecutor’s office,
and a decision is made about prosecution. |
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Police
Make an Arrest |
| When
a crime is committed in a police officer's presence -- or there
is probable cause to believe that certain misdemeanors or any
felony was committed that was not seen by the officer --- an
officer may arrest a suspect on the spot without an arrest
warrant. The officer will later submit a warrant request to
the Prosecuting Attorney, suggesting charges to be authorized.
The Prosecutor will issue the charging document (called a complaint),
indicating the criminal charges that will be pursued. |
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Charging
Request Reviewed by Prosecuting Attorney |
| Most
cases begin with a warrant request. This is generally the first
time that the Prosecuting Attorney is involved in a case. At
this stage, the Prosecutor determines whether a person should
be charged with a crime and, if so, what the crime should be.
The Prosecuting Attorney must thoroughly review all reports
and records concerning the case, including witness statements.
The Prosecutor also reviews the suspect's prior criminal or
traffic record. Occasionally, the reviewing Prosecutor sends
the case back to the police to conduct additional investigation. |
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Warrant
Issued |
| The
Prosecutor will authorize a charge on a complaint if he or
she believes that probable cause exists that the suspect committed
the offense and that there is good reason to believe the case
can be proven at trial. Not all cases go to trial, but the
Prosecutor must feel confident that the evidence shows a convincing
picture of the defendant’s guilt before the offense is
charged on a complaint or warrant. The complaint is filed in
the District Court and signed under oath by an officer from
the investigating police department. Occasionally a victim
will be asked to sign the complaint. The magistrate then reviews
the warrant and affidavit of probable cause (prepared by the
investigating officer) and issues the warrant. This process
can take another few days and then the arrest warrant becomes
valid and can be used to arrest a suspect. |
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Suspect
Arrested (if not already in custody) |
| There
can be some time before a defendant is arrested on an outstanding
warrant. Usually warrants are kept active by the District Court
for a year or more. It is not unusual for warrants to be open
for several years. However, the vast majority of warrants are
served within a few months of issuance, and most within a couple
of weeks or a month. The warrant information is available to
all police agencies by several computer databases. A defendant
stopped for a traffic offense in Michigan can be arrested for
our outstanding warrant. For many felony crimes, defendants
can also be detained on our warrant in other states. A magistrate
sets bond, which is based on the seriousness of the crime,
likelihood of flight, and danger to the victim or public. The
magistrate may also impose a “no contact” order,
meaning the defendant may not contact the victim in any way. |
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District
Court Arraignment |
This
is the first court appearance for any misdemeanor or felony.
Once arrested and charged with a crime, the suspect appears
in District Court for arraignment. Defendants that are in jail
are arraigned by closed-circuit video at the jail. At arraignment,
the defendant is told what the charge(s) is (are) and the maximum
penalty if convicted, and is advised of his constitutional
rights.
All further pre-trial procedures are determined by whether the
defendant is charged with a felony or misdemeanor: |
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| Misdemeanor
Information |
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| At
a misdemeanor arraignment, the defendant will be given a chance
to enter a plea to the charge: plead guilty, not guilty, no
contest, or stand mute (i.e., remain silent, which is treated
by the court as if the defendant pled not guilty). If he pleads
guilty or no contest, the Judge may sentence him on the spot
or may reschedule the case for a sentencing date, which will
give the probation department time to prepare a pre-sentence
report including background information about the defendant
and the crime, make a sentencing recommendation, etc. If the
defendant stands mute or pleads not guilty, the case will be
scheduled for a pre-trial conference. |
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Pre-trial
Conference |
| It
is a scheduled meeting between an Assistant Prosecuting Attorney
and the defendant (or the defendant’s attorney) to determine
whether the case will go to trial or be resolved with a plea.
These meetings focus on resolving the case short of trial.
The Judge and witnesses are not involved at this point. If
a plea bargain is going to be offered by the Prosecutor, it
is done here. |
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Pretrial
Proceedings |
| Many
other events can occur prior to trial. Depending on the nature
of the case, there may be pre-trial hearings on Constitutional
issues (confessions, searches, identification, etc.). The issues
are presented to the Court through written "motions" (e.g.,
Motion to Suppress Evidence, etc.). The judge must determine
whether evidence will be admitted or suppressed at the defendant's
trial, whether there is some legal reason why the defendant
should not be tried, or decide other ground rules for trial. |
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| Felony
Information |
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| At
a felony arraignment in District Court, the defendant does
not plead guilty or not guilty. He is advised of his right
to a preliminary examination within 14 days of the arraignment.
The court reviews requests for court-appointed attorneys at
the arraignment. |
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Felony
Preliminary Examination |
| A
contested hearing before a District Court Judge, sometimes
called a "probable cause hearing". The Prosecutor
presents witnesses to convince the Judge that there is probable
cause to believe that a crime was committed and that the defendant
committed the crime. Because the burden of proof is much less
than at a trial, the Prosecutor generally does not call all
potential witnesses to testify at the "prelim"; generally,
the victim and some eye witnesses plus some of the police witnesses
testify. The defendant has an attorney, can cross examine the
witnesses, and can present his own evidence (including witnesses).
If probable cause is proven, the defendant is "bound over" that
is, sent to Circuit Court for trial. If probable cause is not
proven, the felony charge can be dismissed or reduced to a
misdemeanor for trial in District Court. A defendant can decide
not to have a Preliminary Examination, in which case the matter
automatically is filed in the Circuit Court. |
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Circuit
Court Arraignment |
| After
the case is sent to Circuit Court, the defendant is again arraigned
(given formal notice of the charges against him or her). The
charging document is called an Information. He or she is again
advised of his/her constitutional rights, and enters a plea
to the charge (guilty, not guilty or stand mute). |
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Pre-Trial
Conference |
| A
Circuit Court meeting between the Prosecuting Attorney and
the defendant's attorney to determine whether the case will
go to trial or be resolved with a plea. |
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Pre-Trial
Proceedings |
| As
with District Court misdemeanors, the Circuit Court Judge may
be asked to resolve pre-trial issues, some of which determine
whether the case will continue to a trial, be resolved with
a plea, or be dismissed. |
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Status
Conference |
| Open
felony cases that are awaiting trial are scheduled for a status
conference, held each month. For each status conference scheduled,
potential trial dates are identified. Each conference results
in between one and three cases that will be tried on the dates
that have been selected already. The remaining cases may be
resolved by a guilty plea, or will remain open to be placed
on a future status conference schedule. |
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Trial |
A
trial is an adversary proceeding in which the Prosecutor must
present evidence to prove the defendant's guilt beyond a reasonable
doubt. The defendant is not required to prove his or her innocence
or to present any evidence, but may challenge the accuracy
of the Prosecutor's evidence.
Both the defendant and the Prosecutor have the right to a trial
by a jury. Sometimes, both sides agree to let a Judge listen
to the evidence and decide the case without a jury; this is called
a "bench trial". In a jury trial, the jury is the "trier
of fact"; in a bench trial, the judge is. After the evidence
is presented, the judge or a jury will determine whether the
evidence proved that the defendant committed the crime. |
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Pre-Sentence
Investigation and Report |
| The
court's probation department prepares a report for the judge
summarizing the crime, and the defendant's personal and criminal
backgrounds. Generally, the victim is contacted for a recommendation
of sentence. The probation officer concludes the report with
a recommended sentence. |
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Sentence |
| Sentencing
in Michigan varies with the crime and can be the most confusing
part of the criminal process. Often, sentences (especially
in District Court) are at the judge's discretion. At the time
of sentencing, the judge will consider the information in the
pre-sentence report before determining the sentence. For felony
crimes, the judge will consult the "sentencing guidelines" a
process which includes facts of the offense and a prior criminal
background to determine the minimum jail or prison sentence.
The judge may consider different alternatives, such as a fine,
probation, community service, a sentence to jail or prison,
or a combination. The judge must also order the defendant to
make restitution to any victims who have suffered financial
harm. |
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