Felonies
Felonies are the most serious of crimes. A felony conviction may follow a person by criminal record and reputation for a lifetime.

In Michigan, felonies are crimes heard and sentenced in Circuit Court, not District Court. The Circuit Court has the power to sentence defendants to the state's prison, depending on the crime, but all felonies must pass throught the Circuit Court.

A defendant in a felony case has the right to a Preliminary Examination within 12 days of his arraignment. At the hearing, the State must prove the crime was committed, and there is probable cause to believe the defendant committed it. If this minimum standard is established, the case goes to the Circuit Court.

In most cases, the State prevails at the Preliminary Examination. This is because there is a probable cause hearing and the State is not required to prove the case beyond a reasonable doubt as they must do to gain a conviction later at trial. However, the evidence presented at the Preliminary Examination usually allows a skilled defense attorney an important window of discovery into the strengths and weaknesses of the State's case.

In certain cases a Preliminary Examination is waived and not held pursuant to a Plea Bargain with the State. A skilled defense lawyer knows the advantage or disadvantage of a Preliminary Examination. In most cases Judges do not allow defendants to proceed in felony cases without a lawyer.

Michigan Sentencing Guidelines
In Michigan, all offenses designated as felonies are subject to sentencing guidelines. Guidelines are used by the Judge to determine the defendant's eventual sentence. Thus, the scoring of the guidelines is crucial at sentencing.

In order to score under the guidelines, several factors must be considered. The proper crime group is applied. The prior record of the defendant is scored. Different points are given depending on the severity of the defendant's prior crimes.

The guidelines also consider Offense Variable Scores. This considers such factors as use of a weopon, injuries to victims and number of victims. Guidelines are normally scored by Court Pre-Sentence Officers and reviewed for accuracy by the defense attorney and the Judge. There are numerous other factors that are used to decide a final score under the guidelines.

Habitual Offenders
In Michigan, habitual offenders are subject to sentence enhancement. This can have a harsh result for a repeat offender. The enhancements are as follows:

2nd Offense Habitual Offender - increase upper limit by 25%
3rd Offense Habitual Offender - increase upper limit by 50%
4th Offense Habitual Offender - increase upper limit by 100%