Legal Question in Criminal Law in Michigan
prosecutors
what document is filed by prosecutors charging an individual with a criminal offense
2 Answers from Attorneys
Re: prosecutors
The document that the prosecuting attorney signs and files in the district court is called a "Complaint". That's true for all misdemeanors and felonies.
If a felony is bound over to the circuit court after a preliminary examination or if the defendant waives his right to a 'prelim', then the prosecuting attorney files an "Information" in the circuit court, which lists the charges and maximum penalties, gives notice of habitual offenses that may increase the maximum penalties, etc.
The first attorney's reply suggests that an Information is filed in all criminal cases. That is not true ... only in felonies, and only if the case is bound over to circuit court.
Re: prosecutors
It's called an information which leads to a warrant.
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