When charged with a crime, whether it is a traffic related ticket, a misdemeanor, or a felony, the criminal justice system can seem very overwhelming. It is easy to lose hope and feel as though the entire system is against you. This is why it is it is imperative to hire a criminal defense attorney who truly understands the system, like Shelby Saybolt, so they can break it down for you and make sure you know how your case is progressing every step of the way.
Shelby spent approximately 3 years practicing criminal law with Oakland County Prosecutor’s Office and in those 3 years, Shelby has gained more experience than many criminal defense attorneys have, even after practicing for three times as long. Even on her first day at the Prosecutor’s office, Shelby was in court. She routinely spent 3, 4 or even 5 days per week before various judges all across Oakland County. At times, Shelby’s scheduled was hectic, preparing for and trying cases almost every week while simultaneously negotiating with defense attorneys, meeting members of local police departments to prepare for trial, guiding victims through the criminal justice process, and responding to and filing motions. However, this slightly chaotic schedule allowed Shelby to gain a vast amount of experience very quickly, trying over 30 cases with a high level of success, including cases involving child abuse, weapons charges, and sexual assault.
Her experience as a prosecutor has given Shelby an advantage over many of the other criminal defense attorneys practicing in Oakland County. Because of her background, Shelby can look at a case from the prosecutor’s point of view, allowing her to quickly identify the strengths and weaknesses of a case, how the prosecutor may approach their arguments, and realistic resolutions short of trial. If trial is necessary, Shelby will provide a very thorough defense, focusing on presenting compelling counterarguments for each of the prosecutor’s theories and highlighting the shortcomings of the prosecutor’s case as a whole.
Should you choose to retain Shelby as your criminal defense attorney, Shelby will not only bring her expertise as a former prosecutor to your case, but she will also work closely with you to ensure all your questions are answered and you understand each step of the process. Below is a brief outline of the differences between misdemeanor and felony cases and what you can expect after being charged with a crime.
Misdemeanor
The key difference between a misdemeanor and a felony charge is the possible penalty. For a misdemeanor, the maximum possible penalty cannot exceed 1 year of incarceration. Misdemeanor cases are heard exclusively before a judge at the local District Court, the lowest level criminal court in the State of Michigan. If a misdemeanor case proceeds to a jury trial, a jury of 6 of your peers will decide the verdict.
Examples of Misdemeanor Charges: Assault & Battery, Driving Under the Influence-1st and 2nd Offense, Domestic Violence-1st and 2nd Offense, Disorderly Conduct, Trespassing, Retail Fraud 1st and 2nd Degree, and Reckless Driving, among others.
Arrest – If you are arrested for a misdemeanor offense, remember that you always have the right to remain silent and the right to an attorney even if you are not charged with a crime yet. From the time of arrest, typically the prosecutor’s office must issue charges within 48 hours or else you must be released.
Arraignment – At arraignment for any misdemeanor matters where there is a possible penalty of jail time, you can expect to have a court appointed attorney present to advise you regarding the proceedings. The judge or magistrate must also inform you of the charges against you, the maximum sentence permitted by law, and advise you of your rights. The court will ask you if you wish to plead not guilty or stand mute without formal arraignment, after which the hearing officer may set a bond and inform you of conditions you must abide by if you wish to remain in the community instead of incarcerated.
If you were not arrested prior to the issuance of criminal charges, often the arraignment and pretrial will be held on the same date.
Pretrial(s) – A pretrial is in essence a “check in” where the prosecutor and the defense attorney have an opportunity to discuss the case, potentially negotiate a plea deal, address any issues with discovery or bond, and set the matter for trial. Depending on the complexity of a misdemeanor case, multiple pretrial hearings may be held to allow for a complete exchange of evidence, continuing discussions of a plea deal, or ensure witness availability for any prospective trial date.
Trial – When charged with a misdemeanor, you always have a right to a jury trial, which will be conducted by the District Court judge and a jury of 6 of your peers will determine the verdict. If you do not wish to proceed to a jury trial, you may also waive that right and instead have the judge hear the case and determine a verdict.
Regardless of whether it is a bench or a jury trial, the procedures of the trial itself are virtually identical. The prosecution has to prove by beyond a reasonable doubt that you committed the alleged offense, the alleged offense occurred within Oakland County, and your alleged conduct constitutes a crime. To show that a crime was actually committed, the prosecution has to prove all required elements of the crime. The elements for the crime can be thought of as a checklist of building blocks – each block must be there in order for the prosecution to prove the crime.
At trial, this is the typical structure:
- Jury is selected
- Prosecution makes an opening statement
- Defense makes an opening statement
- Prosecution calls their witness(es) to testify as to the elements of the crime
- Defense has an opportunity to present witness(es) of their own to rebut the prosecution’s case, but often, there is no need for defense witnesses, as the prosecution’s own witnesses have not been sufficient to prove the crime by beyond a reasonable doubt.
- This is also when you have an opportunity to testify if you wish to, but anyone accused of a crime never has to testify at a criminal trial as they have an absolute right against self-incrimination.
- Prosecution presents closing argument
- Defense presents closing argument
- Prosecution presents any rebuttal
- Jury/Judge deliberates and returns a verdict
Sentencing – If the judge/jury returns a verdict of “guilty,” sentencing is typically scheduled for a different day than the trial. Prior to sentencing, you can expect to meet with pretrial services and complete an interview process. The goal of this interview process is to determine the appropriate punishment for the crime committed based upon victim’s statements regarding impact (if any), your statement about the offense, any ongoing mental health/substance use issues the court believes needs to be address, and any reimbursement for damages to the victim of the crime.
Possible sentences in a misdemeanor case include:
- Fines & Costs (monetary punishment only)
- Probation for 1-24 months where you would be out in the community and required to follow certain restrictions and/or complete certain tasks such as:
- Mental health evaluation
- Therapy
- Community service
- Anger management class
- Driving improvement class
- Jail time of anywhere from 1-364 days in the county jail
Many courts also offer mental health treatment court, sobriety court, and veterans court programs that are a probation-based rehabilitative program eligible offenders can participate in in lieu of a traditional punishment to obtain services and prevent recidivism.
Felony (and High Court Misdemeanors)
Felony cases have a maximum possible penalty of anywhere from 1 year incarceration to life. Felony cases begin in the District Court, much like misdemeanor matters, but will be “bound over” to Circuit Court, which is a county level court, partway through the proceedings. If a felony case proceeds to a jury trial, a jury of 12 of your peers will decide the verdict.
Examples of Felony Cases: Armed Robbery, Retail Fraud 1st Degree, Driving Under the Influence 3rd Offense, Domestic Violence 3rd Offense, Resisting and Obstructing a Police Officer, Fleeing and Eluding, Criminal Sexual Conduct, Child Abuse, Attempted Murder, and Murder among others.
Note – High Court Misdemeanors are treated like felonies in terms of procedure but have a maximum penalty of 2 years.
Arrest – If you are arrested for a felony offense, remember that you always have the right to remain silent and the right to an attorney even if you are not charged with a crime yet. From the time of arrest, typically the prosecutor’s office must issue charges within 48 hours or else you must be released.
Arraignment – The initial arraignment on felony charges is identical to the arraignment for a misdemeanor. This arraignment occurs in the local District Court in front of a judge or magistrate.
Probable Cause Conference(s) – On a felony matter, a Probable Cause Conference (PCC) is another type of “check in” where the prosecutor and the defense attorney have an opportunity to discuss the case, potentially negotiate a plea deal down to a misdemeanor, and exchange discovery. Your first PCC must be scheduled within 7-14 days of arraignment. Multiple PCCs may be held, as long as you are agreeable to the delay or the court finds other good cause for the delay (such as discovery issues, witness unavailability, court scheduling difficulties, etc.)
Preliminary Examination – On all felony matters, you have the right to a Preliminary Examination (Prelim). At the prelim, the prosecution must prove by a probable cause – or more likely than not – that a crime was committed, and you were the one who committed that crime. A prelim is similar to a miniature trial in that the prosecution will call witness(es) to testify as to the alleged crime and admit evidence. However, the standard of probable cause is so low – a more likely than not standard – that the prosecution will only present minimal evidence. The District Court judge makes their determination by considering if a reasonable trier of fact (the jury or Circuit Court judge) could possibly find that a crime was committed and that you were the one who committed that crime. However, the District Court judge does not make any determinations regarding evidentiary issues, possible defenses (such as self-defense), or any other issues of fact. If the District Court judge believes the prosecution has met their burden, the judge will “bind the case over” to Circuit Court, which functionally is a transfer of the case from District Court to Circuit Court.
You have a right to have your preliminary examination with 21 days of arraignment. However, many times, the timeframe is impractical, and the court will reschedule the preliminary examination with your agreement or for another good cause.
If you do not wish to hold the preliminary examination, you may waive that right and the court will immediately bind the matter over to circuit court for continued proceedings.
Arraignment in Circuit Court – In Oakland County, once a case is bound over to Circuit Court, a new judge is assigned to hear your case and you must be rearraigned. Some judges allow for this arraignment to be completed via mail, but other judges require parties appear in court. The procedure at this arraignment is similar to the arraignment after arrest for both misdemeanors and felonies.
Pretrial(s) – Once in Circuit Court, instead of PCCs, pretrials are held similar to those held in District Court. Again, multiple pretrials may be held before scheduling a matter for trial to allow for time to exchange evidence, negotiate plea resolutions, or to allow for witness availability.
Trial – On a felony matter, you have the same right to a jury trial as on misdemeanor cases. You may also waive that right and have a judge hear the trial. For felony matters, the jury is composed of 12 of your peers instead of 6. Aside from the number of jurors, the trial procedure for a felony matter is the same as outlined above for misdemeanors.
Sentencing – If the judge or jury returns a verdict of “guilty,” you will be referred to the Michigan Department of Corrections (MDOC) for a presentence investigation. MDOC will assign a probation officer to your matter who will review any victim impact statements, the facts of the crime, interview you, and review your past criminal history. From there, the MDOC officer will calculate your sentencing guidelines based upon numerous factors and make a recommendations as to what your punishment should be.
Possible sentences in a felony case include:
- Fines & Costs (monetary punishment only)
- Probation for 1-60 months where you would be out in the community and required to follow certain restrictions and/or complete certain tasks such as:
- Mental health evaluation
- Therapy
- Community service
- Anger management class
- Driving improvement class
- Prison time of anywhere from 365 days to life in a MDOC prison
Judges may choose whether to abide by the sentencing guidelines calculated by MDOC or whether to depart from those guidelines, either by giving you a higher or lower sentence than recommended.