Criminal Division

All criminal cases prosecuted within the County of Roscommon are filed at the 82nd District Court. The 82nd District Court processes misdemeanor cases (less serious crimes), from arraignment through sentencing; felony cases (more serious crimes), from arraignment through preliminary examination, and felony pleas.

Key Terms

• Arraignment: Defendant is advised of his/her rights, advised of the charge, advised of possible penalties, bond is set and a plea may be entered.
• Pre-Trial: An informal exchange of information between Prosecuting Attorney and Defendant and/or Defense Attorney.
• Trial Status Conference: A short hearing in court right before the trial to determine if Prosecuting Attorney and Defendant and Defendant’s Attorney (if 1 is retained) have exchanged information necessary for trial.
• Preliminary Examination: To determine if a crime was committed and if the defendant may have committed the crime, (probable cause).
• Trial by Court: A trial in front of a Judge to determine the guilt or innocence of the defendant, (beyond a reasonable doubt). The Prosecuting Attorney represents the People of the State of Michigan. Defendant may or may not be represented by an attorney.
• Trial by Jury: A trial in front of 6 jurors who will determine the guilt or innocence of the defendant (beyond a reasonable doubt). The Prosecuting Attorney represents the People of the State of Michigan. Defendant may or may not be represented by an attorney.
• Sentencing: The final step in the legal process, a penalty is assessed for someone who is convicted of, or pled guilty to a crime.