Frequently Asked Questions

If you are over the age of 17 and have been convicted of an offense, your sentence may include probation. Probation allows you to live in the community as long as you follow certain rules set by the court. If any of the rules are violated, a warrant for your arrest may be issued and the judge may re-sentence you for the original offense. As an example of a probationary sentence, the judge may decide that so long as you are not arrested again, and regularly meet with your probation officer, you may not have to serve a more severe jail or prison sentence.

Parole is a conditional release from prison. You may be released from prison before the original term has been completed and serve the remainder of your term in the community. The court will set conditions which you must follow, or you may be returned to prison.

If you are involved in a court action other than a small claims case, you have the right to an attorney. In some court actions, the court may appoint a lawyer to represent an individual at no cost.

In criminal cases, a defendant who is unable to afford an attorney has the right to court appointed counsel if:
- The offense charged is punishable by more than 92 days in jail; or
- The offense charged requires on conviction a minimum term in jail; or
- The court determines that it might sentence the defendant to jail.

The court will appoint a lawyer in all cases involving a mentally ill or developmentally disabled person.

In all guardianship and conservatorship cases, the court will appoint a guardian ad litem. A guardian ad litem, is a person appointed to protect the interests of an infant, an incompetent adult, or a missing person who is involved in a court case. The court will appoint a guardian ad litem in cases of juvenile abuse or neglect. The guardian ad litem may be an attorney.

You may want to ask the court if you qualify for a court appointed attorney, or a guardian ad litem.

A personal protection order, sometimes called a PPO, is an order issued by the court which protects you from the following actions of another person:
- Harassment
- Assault
- Beating
- Molesting
- Stalking
- Wounding

You do not need an attorney to get a personal protection order. Forms are available at your county clerk's office or the circuit court and come with do-it-yourself instructions.

To file for a PPO you will need to provide the court with details about why you are requesting a protection order. If you have copies of police reports, hospital records or other official information you should provide this information for the court to review. You will also need to have information about the defendant including address and physical description. If you are divorced or separated you will need a copy of your orders. You will also need copies of custody orders if your children are involved. If you are in immediate danger you should ask the court for an ex parte order.

You may want to also bring notarized, written statements from witnesses, and copies of supporting documents from:
- Doctors
- Hospitals
- Law enforcement
- Social agencies

You may need to pay a motion fee.

If you are under the age of 17 and have been accused of doing something that would be a crime if done by an adult, you may be brought before the family division of the circuit court. The juvenile will be notified to appear in the family division for an intake interview or a preliminary hearing. At the interview or preliminary hearing, the juvenile may admit or deny guilt, bond will be set, and the next hearing date scheduled. The juvenile's parents or legal guardian must be present during all proceedings, or an attorney must be appointed for the minor.

In serious cases involving juveniles who are over the age of 15, the prosecuting attorney may ask the family division judge to transfer the case to district court where the delinquent will be prosecuted as an adult.

A juvenile delinquent has the right to an attorney. The court may appoint an attorney to represent the juvenile if the juvenile's family cannot afford an attorney. In addition, the court may require the juvenile's parents to reimburse the court for attorney fees or other costs.

Juveniles who are held in custody are usually placed in a separate juvenile detention center. If the juvenile is held in an adult jail, he or she must be kept separate from adult prisoners. Juveniles have the right to a jury trial.

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.