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Misdemeanor cases involve both traffic and non-traffic offenses.
They are crimes requiring not more than one (1) year in jail. The 43rd
District Court processes misdemeanors from arraignment through sentencing.
Almost all misdemeanor offenses require a court appearance. If you receive
a ticket for a misdemeanor offense, you should call the court within 10
of receiving the ticket to schedule a court date.
When charged with a misdemeanor 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.
On most misdemeanor offenses the defendant will enter a plea of either
guilty or not guilty. If a guilty plea is entered, the defendant may be
sentenced by the Judge or Magistrate that day. If a not guilty plea is
entered and the charges require an attorney, the Judge or Magistrate will
determine whether the defendant can afford to retain his/her own attorney
or if the defendant is eligible for a court appointed attorney. The Judge or
Magistrate will then set a bond and a date for the next hearing which is
a pretrial.
Pretrial Hearing
For individuals arrested and arraigned on misdemeanor violations, the pretrial
hearing is the next step of the legal process. An individual has the right
to be represented by legal counsel at this hearing.
A pretrial hearing is a hearing between the defendant and/or defendant's
attorney and the prosecuting/city attorney. This hearing is an opportunity
for both parties to discuss the case and possibly resolve the case by way
of a plea, either to the offense charged or if offered a reduced offense.
Depending on the pretrial results, a case can take one of two paths in the
judicial process. If it is the defendant's intent to plead guilty or no
contest, a plea will be accepted and the sentencing will follow. If it is
the defendant's intent is to plead not guilty and have a trial, all parties will have to
appear for the scheduled jury selection date, unless the defendant advises
the court they wish to waive their right to a jury trial and request a bench
trial. A bench trial is heard and decided on before a Judge.
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2002 43rd District Court | 305 E. Nine Mile | Ferndale, MI 48220 |
phone 248-547-8700 | fax 248-584-2599 | info@ferndalecourt.com |
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