Frequently Asked Questions

A criminal case is started when someone is accused of committing 1 or more crimes. The government, which is represented by the prosecuting attorney, starts a criminal case by filing a complaint against the individual, who is called the defendant. If the court finds the defendant guilty of a criminal offense, the defendant may have to pay a fine, court costs, and/or spend time in jail or prison.

There are 2 levels of criminal cases, misdemeanors and felonies. Both are initially filed with the district court, but, in some cases, may be transferred to the circuit court for trial.

Misdemeanor cases such as:
- First or Second Drunk Driving Offense
- Prostitution
- Shoplifting
- Trespassing
- Vandalism

These are usually handled by the district court closest to where the crime occurred. If convicted of a misdemeanor, you may be sentenced to spend up to 1 year in jail.

If you are accused of committing a felony crime, a preliminary examination will be conducted by the district court in the county where the crime took place. If the district court judge determines there is enough evidence, the case will be transferred to the circuit court for trial.

Examples of felony crimes are:
- Arson
- Burglary
- Drug Offenses
- Murder
- Rape
- Robbery

If you are convicted of a felony, you could be sentenced to spend from 1 year to life in prison and pay a fine of more than $500.

A criminal defendant has the right to an attorney. In some criminal cases, the court may appoint an attorney to represent the defendant.

A person, called a defendant, who is arrested for breaking a criminal law, is held by the police or sheriff until a bond is set or an arraignment takes place. An arraignment usually occurs within 24 hours of the arrest and is the initial step of the court process. The arraignment is held before a district court judge or magistrate. During the arraignment the defendant is formally charged with an offense, told his or her constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond will be set, and a date for the next hearing will be scheduled.

The court may appoint an attorney to represent the defendant if the defendant is unable to afford an attorney. Defendants should ask the court if they qualify for court appointed counsel.

The arresting police department will know where and when the arraignment will take place.

Crimes are classified as misdemeanors or felonies.

Misdemeanors are punishable by no more than 1 year in jail and are heard primarily by the district court nearest to where the crime took place. Examples are:
- First or Second Drunk Driving Offense
- Prostitution
- Shoplifting
- Trespassing
- Vandalism

Felony crimes are first heard in the district court where the crime occurred. The district court will conduct a hearing called a preliminary examination. If the district judge determines there is enough evidence, the case will be transferred to circuit court for trial. If you are convicted of a felony you could be sentenced from one year to life in prison and / or pay a fine of more than $500. Examples of felony crimes are:
- Arson
- Burglary
- Drug Offenses
- Murder
- Rape
- Robbery

A person, called a defendant, who is arrested for breaking a criminal law, may be held until bond is set or an arraignment is held by a judge or magistrate. This usually occurs within 24 hours of the arrest. A bond is a promise that the defendant will appear in court when required.

The 4 types of bonds are: a personal recognizance bond, a cash bond, a 10-percent bond and a surety bond. When the court sets a personal recognizance bond, the defendant is released after making a promise to return to court when required. A cash bond is a money guarantee that the defendant will return to court when required. When a cash bond is set, the defendant must pay the full bond amount to the court before being released from jail. Another type of bond is a 10-percent bond. In this bond, the court will accept payment of 10-percent of the total bond as a guarantee that the defendant will appear as required. If the defendant does not appear, the court may require payment of the remaining 90 percent. The last type of bond is a surety bond. A surety bond is a promise made by someone other than the defendant that the defendant will appear as required. If you make a promise on behalf of the defendant, you must prove to the court that you will pay the bond amount if the defendant does not appear as required. Surety bonds may be posted by friends, relatives or a bond insurance company. Money or property that is posted for a bond may not be returned when the case is over. The court may apply cash and ten percent bond monies posted by the defendant to any outstanding court fines or fees.

Regardless of the type of bond, if the defendant does not return to court as promised, the court may issue an arrest warrant and the bond money will be kept by the court. In addition, the defendant may be held responsible for paying the remaining unpaid bond amount.