Isabella County Prosecuting Attorney

Arraignment: A hearing in which criminal charges are read to the defendant, bond is set and the next hearing date is scheduled.

Bench Trial: Trial in front of a judge and no jury. In this type of trial, the judge decides the verdict.

Bindover: The transfer of a felony or high misdemeanor case, from District Court to Circuit Court.

Complaint: Legal document that tells the district court and defendant what type of charges are being brought against the defendant.

Disposition: Sentencing of a juvenile.

Diversion Program: Alternative to formally authorizing a petition. The program provides supervision of the juvenile, community service, restitution tutoring and other services.

Felony: Criminal charge punishable by more than one year.

High Court Misdemeanor: Charges carrying a penalty of two years incarceration. Treated similarly to felony charges, but do not carry the same stigma as felonies if convicted.

Intake Department: Decides whether formal or informal intervention with the juvenile will be taken.

Jury Trial: Trial in which a jury decides the verdict.

Misdemeanor: Criminal charge punishable by one year or less in county jail.

Motions: Help to decide many legal and evidentiary issues surrounding a case.

Petition: a complaint or other written accusation that a juvenile has committed a crime.

Plea Agreement: An agreement in which the prosecutor and the defense agree on a suitable punishment for the offender. This requires a guilty plea on behalf of the defendant.

Preliminary Examination: Hearing at the District Court level for both felonies and high court misdemeanors at which the prosecution must present evidence to show probable cause that a crime was committed and that the defendant committed that crime. If probable cause is shown, then the defendant is bound over to Circuit Court.

Pretrial/Settlement Conference: Meeting between the prosecutor and the defense attorney (or the defendant if he/she does not have an attorney) to resolve issues surrounding the case and to discuss whether there will be a plea, motions, or a trial.

Sentence: Punishment handed down by the judge to a defendant who has been found guilty.

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