Criminal Procedure > Indictment & Pleading Issues > Misdemeanor Statement Of Charges
Therefore, before trial, defendants have to resolve whether to have a jury trial (the place the jury decides if the defendant is guilty or not) or a court trial (where the judge decides). Usually, defendants select to have a jury trial because they want a jury of their peers to listen to the proof and decide their guilt.
14-seventy one.1, on the first trial, the jury was instructed on felony possession of a stolen motorcar underneath G.S. The defendant was found guilty and he efficiently appealed on grounds that the trial decide erred by instructing the jury on an offense not charged in the indictment.
But typically there could also be circumstances where a defense lawyer will advocate a court trial and not using a jury. Sentencing in Michigan varies with the crime and may be essentially the most confusing a part of the felony process. At the time of sentencing, the judge will think about the data in the pre-sentence report earlier than determining the sentence. The events may right factual errors in the pre-sentence report and provide additional proof related to the judge’s sentencing choice. The decide may contemplate totally different alternate options, similar to a fantastic, probation, group service, a sentence to jail or jail, or a mixture.
If probable cause isn’t confirmed, the felony charge could be dismissed or reduced to a misdemeanor for trial in District Court. When a day’s docket is ready the previous afternoon, the criminal deputy clerk will inform the docket judge of the number of jury trials, non-jury trials, responsible pleas, lengthy motions, corresponding to motions to suppress and whether misdemeanor appeals are to be heard the subsequent day. With respect to pleas of not responsible, the Commonwealth Attorney’s Office will inform the criminal deputy clerk which ones are likely to go to trial and the estimated size of every trial.
Otherwise, the case is to be set as a plea of not responsible or a motion. The docket judge shall determine the number of judges necessary for the environment friendly listening to of the next day’s felony matters, and he shall choose which judges will hear them.
The criminal deputy clerk will seek to balance the non-jury felony circumstances among the many judges assigned to hear them taking into consideration, amongst different issues, the estimated length of time of the cases. In assigning civil or criminal jury trials the docket judge shall not assign such a case to a decide with a Friday felony docket unless the case could be concluded by Thursday. The trial courtroom did not err by denying the defendant’s pre-trial motion to dismiss a cost of felonious possession of stolen property on double jeopardy grounds. Although the defendant was indicted for felony possession of stolen property (a Toyota truck) underneath G.S.
The judge must additionally order the defendant to make restitution to any victims who’ve suffered monetary harm. Felony Preliminary Examination – A contested hearing before a District Court Judge, typically known as a “possible cause listening to”. The Prosecutor presents witnesses to persuade the Judge that there’s possible trigger to believe that against the law was committed and that the defendant dedicated the crime. Because the burden of proof is way lower than at a trial, the Prosecutor typically doesn’t call all potential witnesses to testify at the “prelim”; generally, the sufferer and some eye witnesses plus a few of the police witnesses testify. The defendant (often) has an legal professional, can cross examine the witnesses, and might current his own evidence (including witnesses).