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Frequently Asked Questions
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If you have a question not listed here please contact the County Prosecutor's Office at 547-7207.
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Why do some cases in the criminal justice system end resulting in a plea bargin?
How can I get out of jury duty?
Don't victims have rights too?
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Why do some cases in the criminal justice system end resulting in a plea bargin?
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A plea bargain is a negotiated settlement of a criminal case where both sides give and take. In a criminal case, the defendant has all of the rights and the state has the burden of proof beyond a reasonable doubt on each and every element of each and every crime a defendant is charged with. Our criminal justice system would not function without plea bargaining. The courts would be open twenty-four hours a day seven days a week trying only criminal cases. In 1997 in the Charlevoix County District Court there were over thirty criminal trials, the majority of which were jury trials. For the thirty cases that went to trial over 1000 pled out. We have a part time District Judge who splits his time equally with Emmet County. If the Judge takes two weeks of vacation during the year, we are left with approximately 25 weeks of time where we have a Judge. This does not take into account holidays either. One full day per week is spent on motions, pleas and sentencing leaving very little time on the trial docket during which the Court must hear both civil and criminal matters.
In exchange for a defendant giving up all of his or her constitutional rights the people obtain a conviction and there is no trial.
Plea agreements are reached for a variety of reasons. The reasons vary from case to case. In criminal sexual conduct cases many victims do not want to go through a public trial. Some cases have witness problems for example, witnesses may have left the area or may actually change their testimony to protect the defendant. Sometimes evidence is suppressed or even misplaced.
Perhaps the best reason for plea agreements is that in the majority of cases, the negotiated plea results in virtually the same sentence for the defendant that would be imposed if he or she were to be convicted of the original charge. Sentencing in felony cases depends in large part on how the defendant factors out on the sentencing guidelines. Sentencing in the vast majority of felony cases is also concurrent. This means that if a defendant is convicted of ten felonies or two stemming out the same case, his or her sentence on each crime runs all together NOT one after another.
Also, a defendant who pleads guilty and gives up their right to trial also gives up their automatic right to appeal. They may only appeal if the Court of Appeals gives them permission to appeal. After a trial, a defendant has an AUTOMATIC right to appeal where they may pick apart what happened at trial and allege many different types of error so he or she might get a new trial or better yet get their conviction(s) reversed.
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How can I get out of jury duty?
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Ironically, most people who frequently express outrage at the criminal justice system and the plea agreement process are the first people who seek to avoid jury duty when called. There are very few circumstances that allow a judge to excuse a person from jury duty. Only the Circuit Judge may excuse a person from jury duty. In Charlevoix County a person seeking to be excused from jury duty may contact the Circuit Court office at (231) 547-7243 for information on how to go about getting excused from jury duty.
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Don't victims have rights too?
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It has only been in last ten years that Michigan has made great strides in the victim's rights area. The Michigan Constitution Article I, Section 24 and the Michigan Crime Victim's Rights Act give crime victims the right to:
Be treated throughout the criminal justice process with fairness and respect for their dignity and privacy
timely disposition of the case
Following the arrest of the accused
receive an explanation of court procedures
Reasonable protection from the accused throughout the criminal justice process, including having a waiting area separate from the defendant and the defendant's relatives and witnesses (if practical), and to receive an explanation of procedures to follow if threatened or intimidated by the defendant
Be free from threats or acts of discharge from your employer because you are subpoenaed or requested by the Prosecuting Attorney to testify in court
Consult with the Prosecuting Attorney to give you views about the disposition of the case
You also have the right to notice of:
Emergency and medical services from the investigating police agency
The name of the person in the Prosecutor's Office with information about your case
All scheduled court proceedings, including sentencing
the defendant's release on bond or escape from custody while awaiting trial
The address and telephone number of the probation department that is preparing the pre-sentence investigation report, if one is ordered by the Judge.
Victims compensation benefits and the address of the Crime Victim's Compensation Board, and an explanation of eligibility requirements for compensation funds
Trial and other court proceedings that the accused has a right to attend (except possible sequestration during a trial before you testify)
You may also:
Confer with the prosecution before trial and before the jury is selected
Make an oral statement to a pre-sentence investigator, or to have a written impact statement included in the pre-sentence report
Receive restitution
Receive information about the conviction, sentence, imprisonment, and release of the accused
Receive an explanation of the appeal process, to advice if the defendant has been release on an appeal bond, to be advised of the time and place of appellate court proceedings and to be advised of the result of an appeal
Finally, you have the right to the prompt return of your property taken during an investigation, except as otherwise provided by law.
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This page last updated on 2/14/2005.
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