Jury Trial For Misdemeanor In Michigan
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Michigan law starts with a presumption against jail time for most misdemeanor crimes. Instead, the law directs the judge to impose non-jail sentencing options, such as fines, community service, house arrest, probation, or participation in a treatment court.
U.S. citizens at least 18 years old who are residents of the court district to which they are summoned. The jury pool for each court comes from a list of licensed drivers and state ID card holders in the court's district. Those who have been convicted of felony crimes are not eligible for jury service.
If no plea bargain can be reached and pleading in the open is not a viable option, the only remaining path to take is to proceed to trial, either with a jury or just to the judge (a bench trial). For more information about misdemeanor case issues, please click on the following articles: What Is an Arraignment?
If you are found guilty after either a court trial or a jury trial, the judge decides the penalty (the sentence). A court trial usually takes less than an hour, a jury trial usually takes a full day. The court schedules your trial for another day.
Most first-time misdemeanors do not result in jail time. If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects.
Trial. If the prosecuting attorney does not offer a plea agreement or the defendant does not accept the plea agreement, then the case will proceed to trial.
Misdemeanor trials usually last anywhere from a few days to a week, while felony trials can take weeks or even months, depending on the complexity of the case. Verdict and Sentencing: If you are found guilty, the judge will schedule a sentencing hearing.
The Reader's Digest Version: The general sequence of a misdemeanor case is arraignment, pre-trial hearings and trial. Counsel for defendant also will attempt to negotiate a plea bargain as appropriate and will file motion(s) that are legally supported and helpful toward resolution and narrowing the issues.
If the felony is reduced to a misdemeanor, this also restores one right to serve on a jury. Under California law, a convicted felon is disqualified from serving on a jury until and unless his or her civil rights have been restored.
By law, the courts will excuse from jury duty anyone with a mental or physical condition that would keep them from serving as a juror. There is not an exemption based on age, but you may request to be excused if you have a hardship that would make it difficult to serve.