案件如何进行

The criminal justice process is a thorough one that sometimes can wrap up quickly and other times can take a longer period of time to ensure justice is achieved. Here’s a breakdown of the criminal case process, discussed in order of occurrence:

1)逮捕
Based on a police department's initial investigation, suspects age 17 or older are arrested and taken to the Saginaw County jail.

2)预约和询问
Suspects are booked into jail, fingerprinted and photographed. 警方可能会继续调查.

3)投诉和保证
The complaint is a written accusation that a person committed a specified criminal offense. It sets forth the specific charge(s) against the defendant. 逮捕令, 根据刑事诉讼, is the court's order to arrest the defendant and bring him before the court to answer the outstanding charges.

The Saginaw County Prosecutor's Office determines what charges to bring and prepares the complaint and warrant. We may charge the defendant with a felony, a misdemeanor, or a combination of both. The warrant is signed by a Saginaw County 地方法院 Judge or Magistrate.

4)地方法院提审
The defendant is advised of the charges against them, the potential penalties, and their rights. If the defendant cannot afford an attorney, one may be appointed by the judge to represent them. A defendant charged with a misdemeanor may plead either guilty, 无罪, 没有比赛, 或者站着不说话. A defendant cannot plead guilty to a felony at their arraignment.

5)债券
在传讯, the Saginaw County 地方法院 must order that, 候审, the defendant be: held in custody if they are charged with certain serious felonies; released on personal recognizance or an unsecured appearance bond; or released conditionally, 有或没有保释金(10%), 现金或担保). Bond must be set for all persons charged with misdemeanors. Bond is designed to protect the public and ensure that the defendant appears at all scheduled court proceedings. 在设置键, 法官考虑了几个因素, 包括被告之前的犯罪记录, 出席过去法庭诉讼的记录, 指控的严重性, 虐待或威胁的存在, 以及被告与当地社区的联系.

6)预审(仅限重罪案件)
The preliminary examination is held in the Saginaw County 地方法院 and must be scheduled within 21 days of the arraignment. 初审时, our office is required to establish that there is probable cause to believe the defendant committed each of the felonies listed in the complaint. This is done through witnesses, exhibits and other relevant evidence. 如果我们符合这个合理的证据标准, the defendant is bound over to stand trial in the Saginaw County 巡回法院. If the prosecution fails to meet this standard of proof, 指控可能会被撤销, or the defendant may proceed to trial in the Saginaw County 地方法院 on any remaining misdemeanor charges. The 21-day requirement and the preliminary examination are the defendant's rights that they may choose to waive. If the defendant does waive their right to a preliminary examination, 他们将在巡回法庭接受审判.

(七)审前听证
从提审到审判, it is procedurally required that all associated issues in the case be resolved through the use of motion hearings. These motions are generally brought by the defendant and seek to review the sufficiency of the charges or to determine evidentiary issues such as whether evidence was seized illegally or whether the police had probable cause to stop a vehicle.

8)审判或抗辩
The defendant may plead guilty or proceed to trial before a judge or jury. Our office is required to prove the defendant is guilty beyond a reasonable doubt. 如果被告被定罪, they are referred to the local Michigan Department of Corrections office (felony cases) or to the Saginaw County 地方法院 缓刑 Department (misdemeanor cases) for a presentence investigation report prior to sentencing. A sentencing recommendation is then made to the judge; however, the judge is not obligated to follow the recommendation.

9)判决
A hearing is conducted at which time the judge imposes the sentence. 判决可能包括缓刑, 罚款, 成本, 归还, 社区服务和监禁. Victims generally have an opportunity to deliver a victim’s impact statement at the defendant’s sentencing.

10)上诉
Appeals from the 地方法院 are heard in the 巡回法院. Appeals from the 巡回法院 or 遗嘱检验法院 are heard in the Michigan Court of Appeals. Appeals of Court of Appeals decisions are heard in the Michigan Supreme Court.

There are three kinds of appeals: (1) interlocutory, (2) of right, and (3) by leave. An interlocutory appeal occurs when a party tries to appeal a judge's decision before the case has come to trial or before a trial is finished. An appeal of right occurs after a final order has been entered by the trial court (either a sentencing order or an order dismissing the charge). An amendment to the Michigan Constitution has eliminated most appeals of right when a defendant pleads guilty. An appeal by leave of the court occurs when an appeal of right is not available (e.g., because an available appeal of right was not filed on time). The appellate court has the discretion to reject the appeal or can “grant leave,” which means they agree to review arguments on the appeal.