Legal Question in Criminal Law in Michigan

prosecutors

what document is filed by prosecutors charging an individual with a criminal offense


Asked on 3/22/09, 4:28 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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.

Read more
Answered on 3/23/09, 8:44 am
William Morrison Action Defense Center

Re: prosecutors

It's called an information which leads to a warrant.

Read more
Answered on 3/22/09, 8:00 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan