Legal Question in Criminal Law in Michigan
Arrainment and Hearing for Criminal Sexual Charges
My 53 year old brother is being held on charges in Michigan for a sexual charge that I'm not sure of. No priors that I'm aware of. He has $500,000 bond which nobody has so the charge is severe and he obviously is incarcerated. The arrainment and a hearing is next week. What is the difference between an arrainment and a hearing? Is there a public record that I can access to learn more about his charges? My father in Michigan survived WWII and doesn't deserve this crap at 80.
Any help would be appreciated.
1 Answer from Attorneys
Re: Arrainment and Hearing for Criminal Sexual Charges
Our office web site has a good, plain-English explanation of the process for criminal cases in Michigan. Go to www.co.eaton.mi.us/ecpa/process.htm.
An "arraignment" is a hearing where the defendant is told by a district court judge or magistrate what the charges are and what the maximum penalties are. The judge or magistrate will ask if he intends to hire an attorney or wants a court-appointed attorney. Bond would also be decided.
Since this is a felony charge, he can't plead guilty or not guilty in district court. The later "hearing" is a preliminary examination, which is like a probable cause hearing. The prosecutor puts for some of his evidence to show the judge that there's probable cause-level evidence that the felony crime was committed, and that this particular defendant committed it. If the judge is convinced, then the case is sent up to the circuit court for a trial or a plea and sentencing.
Not many local courts have case information on the Internet. If you find out which court has the case, you can call them, talk to a clerk and they can pull the file or check info in their database re: the charges, etc. Charging documents are publicly-accessible. Our office web site lists all known Michigan court web sites. Go to www.co.eaton.mi.us/ecpa/ and click on the State Government Links button and go down to the Judicial Links section.
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