Felonies are crimes punishable by more than a year in the state penitentiary. Common examples are narcotics offenses, felonious assault (assault with a weapon), uttering and publishing (e.g., passing bad checks), repeated operating under the influence of liquor, and property crimes where the value of the stolen or damaged property exceeds $1,000.00.
After the District Court arraignment (see above), the case is scheduled for a pre-exam conference and then a Preliminary Examination within fourteen days (the “14-Day Rule”). The pre-exam conference is similar to the pretrial conference for a misdemeanor. It is an opportunity for your attorney to meet with the prosecutor in court and determine if there is any resolution to the case possible at that point. If not, then the next Court appearance is for the Preliminary Examination.
A Preliminary Examination is a hearing in which the prosecution has to prove to the District Court Judge that there is probable cause that the crimes listed in the warrant were committed and probable cause to believe that you committed the crimes. If the District Court Judge agrees after hearing the prosecutor’s evidence, then you will be “bound over” to Circuit Court for trial. Note: this is not the trial, and is not a determination of guilt or innocence. It is only to determine if there is enough evidence for a trial. It is also possible for the parties to “waive” the Preliminary Examination and have the charges transferred to the Circuit Court by agreement instead of testimony.
Again, there may be pretrial motions prior to the trial and the trial can be before a judge or a jury. If there is a plea of guilty to charges or a conviction, then the defendant will be referred to the Michigan Department of Corrections. A Presentence Information Report and a Sentencing Information Report will be generated by the probation officer. These reports are usually available to the judge and your attorney a few days before sentencing. They will recommend possible terms of incarceration, fines, costs, fees, community service, conditions of probation and length of probation – but again, the final decision is always up to the judge after hearing what the attorneys, the Defendant, and possibly any victims have to say.
If you have a prior felony conviction within the last ten years you will be subject to the Habitual Offender’s Act. One prior felony will increase your incarceration 50%. Two prior felonies will increase your incarceration 100%. If the crime you are convicted of carries a penalty of less than five years, and you have three prior felonies, than your incarceration may be up to fifteen years. If the crime you are convicted of carries a penalty of five years or greater, and you have three prior felonies, then your incarceration may be up to life in prison.