Everyone knows that a felony is serious. Facing a felony criminal charge is scary and can cause a lot of emotional and mental stress.

This is all made worse when you don’t completely understand the legal process, the complexities involved, and what can be done to make your situation better.

Without proper legal help, you risk going to jail, or even prison. In addition, a felony carries the possibility of hefty penalties, including fines and costs, and having a serious criminal record that can hinder employment, secure housing, and otherwise rebuild your life

It doesn’t have to be that way.

At Jeffrey Randa and Associates, we are here to help protect you from those things. We are committed to guiding you through the legal process while avoiding as many of the legal penalties and negative consequences as possible.

Remember, success in a criminal case is best measured by what does NOT happen to you.

What is Considered a Felony in Michigan?

Technically, in Michigan a felony is legally defined as “…an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.”

Michigan does not have a death penalty, so that form of punishment is not possible.

However, in the real world, a felony is almost always an offense that carries the possibility of being sent to the state prison (and placed in the custody of the Michigan Department of Corrections, or “MDOC,” for short).

What Are the Consequences of a Felony Conviction in Michigan?

A Michigan felony conviction can have extremely serious consequences. Having a felony on your criminal record can be devastating. Below are just a few examples of how a conviction for a felony offense can negatively impact a person’s life:

• Education – Some institutions have policies that prohibit the admission or registration of people with a felony conviction. This can apply to everything from trade schools, training programs, all the way to colleges and universities.
• Employment – A felony conviction can prevent you from getting a job, and, in other cases, may result in you losing it. If you have an occupational or professional license through LARA  you will almost certainly be required to report a felony conviction, potentially resulting in its revocation or suspension.
• Gun Rights – If convicted of a felony, you cannot own or possess a gun for 3 to 5 years until after the latest part of your case has concluded (i.e. release from incarceration and completion of parole or probation), and all fines and costs have been paid. Under state law, if you are convicted of a misdemeanor offense involving domestic violence, you must wait 8 years to own, possess or transport a gun.
• Housing – You can be turned down on a rental application just for being a convicted felon. In cases involving sex offenses, the conviction itself may prohibit you from living within 1000 feet of a school.
• Incarceration – Without exception, getting locked up is everyone’s biggest fear, and for good reason. Getting locked up can cause you to lose just about everything.
• Immigration – If you are NOT a U.S. citizen and get convicted of a felony, then you are at serious risk to be deported through removal proceedings.
• Money – The potential fines and other costs that can result from a felony conviction can be staggering.
• Probation or Parole – Being on probation or parole means following some very strict rules. These require you to DO some things (like attend counseling or stay away from certain places) and NOT do others (like consume alcohol or have contact with certain individuals).

Types of Michigan Felonies & What They Mean

There are 9 different and specific classes of felony offenses in Michigan.

Each class is directly related to the maximum possible potential penalties that can be imposed. Below is a list of the classifications and a few of the offenses that are part of each:

• Class M2 Felony: This is a special class, and ONLY applies to second degree murder, which carries a potential sentence of up to life in prison.
• Class A Felonies: The most serious of all, carrying penalties up to and including life in prison without the possibility of parole. Class A offenses include first degree murder, kidnapping, armed robbery, and first degree criminal sexual conduct.
• Class B Felonies: Punishable by up to 20 years in prison, this category includes things like second degree arson, certain drug crimes, second degree child abuse, and the production of child sexually abusive material (child pornography).
• Class C Felonies: This class carries a maximum penalty of up to 15 years in prison. It includes offenses like second degree criminal sexual conduct (CSC), third degree criminal sexual conduct, OWI (DUI) causing death, manslaughter, and robbery.
• Class D Felonies: Carrying a maximum possible penalty of up to 10 years in prison, this category included crimes like breaking and entering, embezzlement over $20,000, human trafficking, and larceny (theft) of property valued at $20,000 or more.
• Class E Felonies: An offense within this category is punishable by up to 5 years in prison. Common examples include third offense Operating While Intoxicated (often just called either “OWI” or “DUI”), aggravated stalking and possession of a firearm or dangerous weapon.
• Class F Felonies: With a maximum penalty of up to 4 years in prison, this class includes offenses like making a false report of a felony and making unauthorized credit or loan applications.
• Class G Felonies: Offenses in this category carry a maximum of up to 2 years in prison, and include things like aggravated indecent exposure, ethnic intimidation, and NSF (bad) check of over $500.
• Class H Felonies: A conviction for one of these crimes can result in either a jail sentence OR an alternative sentence, like probation, tether (electronic monitoring), and/or court-ordered treatment. Offenses in this class include things like joyriding, committing a felony using a stolen ID, and lewd surveillance.

Some offenses, like home invasion, domestic violence (sometimes called “domestic assault”) and shoplifting (also known as “retail fraud”) can be spread across different classes, depending on the degree charged.

Other offenses, like drunk driving (DUI), can be both misdemeanors (for 1st and 2nd offenses), and felonies, like when a person is facing a 3rd offense in his or her lifetime.

Arrest and Arraignment Process in Michigan

Here’s brief overview of what happens at an arraignment in the State of Michigan:

1. Your case is called from the bench, usually by name
2. You will be asked to confirm your identity, address, and date of birth
3. The judge or magistrate then reads the charge or charges being made against you and reads out the maximum possible penalties that can be imposed.
4. You will be advised of your constitutional rights (right to an attorney, right to remain silent, etc.).
5. In a felony case, the judge or magistrate may ask how you plead. Remember, a person CANNOT plead guilty to a felony offense at an arraignment. Even if you stand mute and don’t say anything, a “not guilty” plea will be automatically entered on your behalf.
6. The amount of bail (bond) will be set. This means the amount of money that must put up for you to get out of jail. Next, Bond conditions will be imposed. Typical conditions include things like:
   • Not leaving the state
   • Not consuming alcohol or using drugs
   • Having to provide periodic breath and/or urine samples to ensure compliance
   • Not violating any local, state, or federal laws
   • Not having contact with certain people or places while on release.
7. Also, the next 2 court dates will be set:
   • A probable cause conference, which must take place within 7 to 14 days from the time of arraignment, and,
   • A preliminary examination, which must be scheduled from 5 to 7 days after the probable cause conference. These dates can be and often ARE extended to help the parties in their efforts to resolve a case.

After the return dates have been set, the arraignment is over.

As defense lawyers, the very next thing we do is to immediately obtain all the relevant evidence and begin to carefully examine it.

Probable Cause Conferences and Preliminary Examinations

In Michigan, a felony case begins in the local, district court. Unless it is reduced to a misdemeanor in the district court, a felony charge is sent “up” to the circuit court for the county in which it has been brought to be resolved.

Every person facing a felony charge has the absolute right to challenge and question the evidence before the case is transferred to the circuit court. This is done through the probable cause/preliminary exam process. Here’s a breakdown of how this all works:

The first proceeding is called a probable cause conference. The criminal defense lawyer meets with the prosecutor, and they discuss the case to see if there is any path to a negotiated deal. If not, then they will work together to at least determine the most important issues that are at issue and need to be decided thereafter.

Sometimes, a plea bargain can be negotiated in the district court, and the felony charge gets dropped to a misdemeanor right there, so that the matter never does get transferred “up” to the circuit court.

When the evidence is strong enough, but no plea deal can be reached in the district court, the prosecutor and defense lawyer may agree to waive the examination altogether and have the matter sent to the circuit court without challenge.

Can You Challenge The Evidence At A Preliminary Examination?

The judge must find 2 things to bind you over and then send the case to the circuit court:

1. That there is probable cause to believe a crime was committed, and
2. That there is probable cause to believe that you did it.

This sounds a lot more technical than it is. In the simplest sense, the judge must simply be presented with enough evidence to believe it’s more likely than not that a law was broken, and that is more likely than not that you broke it.

If there is any honest factual question about what happened, the case will be sent to the circuit court for trial to answer it. At the preliminary exam, the judge does not make a finding of guilt, or even probable guilt, but rather must merely decide if there is an open question about whether the defendant may have committed the charged offense(s).

Whether a preliminary exam is held (and assuming the whole case is not dismissed) or waived, and unless it gets dismissed after the hearing, the matter gets transferred to the circuit court.

The next date, called the circuit court arraignment, is usually scheduled a week or two later in the county courthouse.

Circuit Court Arraignments and Pre-Trial Hearings

The very first proceeding in the circuit court is called a “circuit court arraignment.” In some courts, this same date is also combined with a pre-trial, as well. We’ll explore how this works below.

The circuit court arraignment is really a formality. Technically, a person has the right to be informed of:

• The charges against him or her
• His or her constitutional rights
• Enter a plea
• Address any concerns about bond

Circuit court arraignments only take a few minutes, so many courts also combine them with a pre-trial, as well. In those courts that don’t schedule a pre-trial at the same time, the most important function of the arraignment is the setting of a date for that next meeting.

A pre-trial is basically a meeting between the defense lawyer and the prosecutor to discuss the case and hopefully reach an agreement to resolve it without the need for an actual trial.

There are often multiple pre-trial dates as the parties negotiate and wrangle over a way to settle the case.

Sometimes (although, thankfully, not often), there is no way to satisfactorily resolve a case through negotiations, and the matter must be decided by trial.

Plea Bargaining and Trial Process for Felonies

When the evidence is solid enough, it is hoped that the prosecutor and defense lawyer use the pretrial(s) to find a way to resolve the case. If you are facing a criminal charge, then ideally this will be the result of a plea bargain.

Plea Bargains

A plea bargain is a deal that results in the current charge being dropped in exchange for your plea to a less serious offense. That’s the “bargain.” Often, this involves dropping the felony charge so that you can plead to a less serious misdemeanor.

Of course, it is expected that any such deal will also result in a less severe sentence.

Sentence Bargains

In some cases, a sentence bargain can be reached, in which the court agrees to impose specific penalties (like “no jail and probation only”).

Depending on the circumstances of the case, this can be done instead of – or in combination with – a plea bargain.

How a Trial Works

Trials can be (and often are) complicated, expensive, and time-consuming. Even the briefest summary of the trial process would take up many pages. Here, we’ll confine our overview to this very cursory outline. Although grossly oversimplified, here are the basic steps of a criminal trial:

1. Before trial prep work, like legal challenges to the evidence and the submission of jury instructions
2. Picking a jury
3. Opening statements by each side
4. Presentation of the evidence (including examining and cross-examining witnesses and expert witnesses)
5. Closing arguments and statements by each side
6. Jury deliberations
7. The final verdict

The verdict means the defendant is either found guilty, or not guilty. If there is a finding of guilt, then a sentencing date will be set for punishment to be imposed.

Sentencing Guidelines in Michigan Felony Cases

Whatever ultimately happens to you (or not) is determined at your sentencing. What the court can, must, and cannot do at sentencing is all governed by law.

Even though the law provides the potential penalties for every offense, in most felony cases, a person’s sentence will be primarily determined by what are called “sentencing guidelines.”

This is basically a matrix that calculates, by points, the minimum and maximum penalty “range” the judge must follow, based upon things like:

• Your past criminal record (if any)
• The severity of the offense, and
• Any injury to the victim, or others.

In addition to the sentencing guidelines, Michigan law requires that before you can be sentenced for a felony conviction, you must undergo what is called a “pre-sentence investigation” or (PSI).

Pre-Sentence Investigation (PSI)

This is a formal process, completed by the court’s probation department. It ALWAYS involves an interview with a probation officer. In addition to the interview, the probation officer must gather detailed information about the following:

• Where and to whom you were born
• Where and with whom you were raised
• Your education
• Your employment background
• Any medical or mental health conditions you may have, or have had
• A complete alcohol and substance use history
• Any counseling and or mental health or substance abuse treatment history
• A complete relationship/marital history
• An accurate picture of your current life circumstances
• Everything relevant to the offense in question

In many cases, especially those involving drugs and/or alcohol, a person will also have to complete a substance use screening instrument. It is important to note that this screening is required by state law in all DUI cases.

The screening is basically a written test. Each answer has a point value, and the number of points is totaled up and compared to a scoring key. That key is used to determine if a person has an alcohol and/or drug problem or is at increased risk for one to develop.

Using all the information collected, including from the person’s substance use screening, the probation officer is required by law to generate a written sentencing recommendation that is sent to the judge. The PSI must also contain the sentencing guideline calculations.

Ensuring those guidelines are properly scored and followed is an important part of our job as Michigan criminal defense lawyers.

Under Michigan law, the judge must sentence someone within the guidelines and can only impose a lesser or greater sentence under very specific conditions that must be made part of the court record.

My team and I ALWAYS, and without exception, try to persuade the judge that there are solid reasons to be more lenient.

Why Work with Jeffrey Randa and Associates

The bottom line is that you hire a lawyer to get yourself out of trouble. What matters most are results. If there is ANY way to beat a charge, then that’s exactly what must be done, and exactly what my team and I will do.

When that can’t happen, our job then becomes to protect you by avoiding as many of the legal penalties and negative consequences as possible.

If your future is on the line, you need the comfort of knowing that your lawyer will never give up and will do absolutely everything humanly and legally possible to produce the best result. That’s exactly what my team and I do in every case we take.

Remember, when all is said and done, success in a criminal case is always best measured by what does NOT happen to you.

Here’s how some prior clients praise our handling of their cases:

Great firm. When you need help these guys are the best. They care to listen to your needs and gives you a real help. Also price is unbeatable. Two thumbs up!! – Chris C.

Jeffery and his team took great care of my case from start to finish. I knew exactly what to expect and what was required of me and they laid all that out at the beginning of the process. I had very few questions but the ones I did have were answered quickly and concise. Highly recommend Mr Randa and his team. – Ritch P.

What a great experience at a difficult time in my life. Randa and Associates were true to their word and followed through on every detail to show what a professional and competent law firm they are. Highly recommended. – Doug C.

Don’t Face Your Michigan Felony Charges Alone

Our firm has been helping people stay out of jail and/or prison and otherwise avoid as many of the potential legal penalties and negative consequences as possible for over 30 years. 

Our firm always provides a free consultation that is not only confidential but also done over the phone – right when you call. My team and I are very friendly people who will be glad to answer your questions and help you understand your situation and review your options.

Contact our office today for a free phone consultation by calling 586-257-2854 • 248-282-4017 or by completing our online contact form.

We can always be reached directly, Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST).