Misdemeanor
Misdemeanor cases involve both traffic and non-traffic offenses, requiring not more than one year in jail. The 45th District Court processes misdemeanors from arraignment through sentencing.
Almost all misdemeanor offenses require a court appearance. If you receive a citation, you must call the Court if your citation does not list a date for your appearance or you have not received a written notice in the mail within seven days of receiving the citatin.
When charged with a misdemeanor offense, a person's first appearance is in the district court for arraignment or a combined arraignment and pretrial conference.
On many misdemeanor offenses, the defendant will enter a plea. If a guilty plea is entered, the defendant may be sentenced by the judge or magistrate that day. If a not guilty plea is entered, the judge or magistrate will determine whether the defendant can afford to retain his/her own attorney, or if the defendant is eligible for a court appointed attorney. The judge or magistrate will set a bond and a date for the a pretrial conference.
Pretrial Conference or Hearing
For individuals arrested and arraigned on misdemeanor offenses, the pretrial conference is the next step of the legal process.
A pretrial conference or hearing is a hearing between the defendant and/or defendant's attorney, the prosecuting/city attorney and the judge. This hearing is an opportunity for parties to discuss the case and resolve the matters prior to trial.
Depending on the pretrial results, a case can take one of two paths in the judicial process. If a defendant pleads guilty or no contest, a plea will be accepted and the defendant may be referred to the probation department for a Pre-Sentence Investigation(PSI) and/or substance abuse screening and assessment prior to sentencing. Other cases may be sentenced immediately after a plea is entered. If a defendant pleads not guilty andrequests a trial, all parties will have to appear for the scheduled jury selection date. If the defendant chooses to waive his or her right to a jury trial he or she may request a bench trial. A bench trial is heard and decided by the judge.
Sentencing
At the sentencing hearing, the judge will typically impose fines, costs, probation costs, and other state mandatory fees. In addition to monetary sanctions, the judge may order that defendants comply with specific conditions, a term of probation will be ordered. In some cases, a person may be sentenced to a term of incarceration.
When trying to determine the total cost, please remember that besides costs stated in the court room, other fees may apply.
Criminal History
The District Court can provide a Register of Action for any public case that occurred within the 45th District Court's jurisdiction. There is a cost of $1 copy fee per page. If you are seeking a criminal history, you may request a Criminal History Report from the Michigan State Police (MSP). The Internet Criminal History Access Tool (ICHAT) allows the search of public record, for a fee.
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