On this page you will find general answers to common questions asked by defendants in criminal cases. Nothing contained on this page is intended as legal advice nor does it create an attorney-client relationship between any person and this office. The information contained on this page is for reference purposes only and may not apply to your specific case. For specific answers to your questions you should contact an attorney.
How does a criminal prosecution begin?
The process begins when a citizen or police officer makes an official police report about an alleged crime in the municipality where the incident occurred. The case is assigned to a police investigator (detective) who interviews witnesses, collects evidence, and prepares a summary for the county prosecutor’s office. An assistant prosecutor will review what was submitted by the police. The assistant prosecutor will decide what criminal charges are appropriate.
What is an arraignment?
On all misdemeanor and felony cases, a defendant is brought before a judge or magistrate after an arrest by police, and a warrant is authorized by the prosecutor's office. At the arraignment, the judge or magistrate announces the charges to the defendant, notifies the defendant of their rights, sets the defendant's bond, and sets a preliminary examination date.
What is a preliminary examination?
A preliminary examination is a hearing conducted by the District Court for all felony cases. At the hearing, the judge determines whether there is probable cause to believe that a crime was committed, and that the defendant committed a crime. If the judge finds that the prosecution has established probable cause, then the case is bound over to the circuit court for further proceedings.