The 43rd District Court

A felony offense is any crime for which the penalty exceeds one year in jail. The criminal division of the 43rdDistrict Court is responsible for processing felony offenses from arraignment through preliminary examination. Felony cases are authorized by the Oakland County Prosecutor,s Office and are serious crimes with possible penalties of fines and/or jail time, or probation.

At the preliminary examination it is the responsibility of the prosecutor to prove there is probable cause that the crime was committed and that the defendant committed the crime. If the Judge determines these both to be true the case will be bound over to Oakland County Circuit Court. Any bond that has been posted on the case will then be transferred to Circuit Court along with the case.

Arraignment
If arrested for a felony, normally the arraignment follows the day after the arrest. Felony arraignments are held before a judge or magistrate. When charged with a felony offense, a person's first appearance is in the district court for arraignment. At the arraignment, the judge or magistrate will advise a person of the following:

criminal charges being brought against the person
the penalties for the criminal charge being brought
advise a person of their constitutional rights
notify the person whether or not they are eligible to be released on bond, and the amount of the bond.

A person may not plead guilty to a felony at this stage in the proceedings.

The Judge or Magistrate will set a date for a preliminary exam within 14 calendar days following arraignment.

If eligible and able to post bond, a person is released to appear on the scheduled preliminary examination date. If not eligible for a bond or unable to post the set bond, a person is remanded to the county jail until the scheduled preliminary examination date.

Retaining a lawyer
If you have been charged with a felony, you may need a lawyer to represent you. You should make arrangements to hire an attorney prior to your preliminary examination. If you cannot afford to hire an attorney, you may at any time petition the court for a court-appointed attorney. Forms are available at the court.

Preliminary Examination
After an arraignment on a felony charge, the next step in the legal process is to appear before the District Court judge for a preliminary examination. The county prosecuting attorney will be in court to present the prosecutions case. After hearing the evidence presented at the preliminary examination, the judge determines if there is probable cause to believe that a crime was committed and whether or not there is probable cause to believe that the defendant committed that crime.

If the judge determines that there is probable cause (sufficient evidence) to believe that a crime was committed and that defendant committed that crime, the case is bound over for trial in Oakland County Circuit Court.