Timeline of a Felony Domestic Violence Case in Michigan

A felony domestic violence case in Michigan passes through two courts. It begins in district court, which handles the arraignment, the probable cause conference and the preliminary examination. If the district court binds the case over, the circuit court takes it from there through plea or trial and sentencing.^[1]

The early stages run on a statutory clock: a probable cause conference 7 to 14 days after arraignment, and a preliminary examination 5 to 7 days after the conference.^[2][3] After bindover there is no single deadline for trial, and timing varies by court.^[8]

Which domestic violence charges are felonies?

Charge	Statute	Maximum penalty
Domestic assault with two or more prior qualifying convictions	MCL 750.81(5)	Felony: up to 5 years in prison, a fine of up to $5,000, or both[9]
Aggravated domestic assault with one or more prior qualifying convictions	MCL 750.81a(3)	Felony: up to 5 years in prison, a fine of up to $5,000, or both[10]
Assault by strangulation or suffocation; assault with intent to do great bodily harm	MCL 750.84(1)	Felony: up to 10 years in prison, a fine of up to $5,000, or both[11]
Felonious assault (assault with a dangerous weapon)	MCL 750.82(1)	Felony: up to 4 years in prison, a fine of up to $2,000, or both[12]

The charges themselves are explained in Second and third offense domestic violence, Assault by strangulation and Felonious assault. When a repeat-offender sentence is sought for domestic assault, the charging document must carry a separate notice listing the prior convictions relied on.^[13]

The stages and their time limits

Stage	Court	Time limit in the statute or rule
Arraignment on the warrant or complaint	District	Without unnecessary delay after arrest (MCR 6.104(A))[14]
Probable cause conference	District	Not less than 7 days or more than 14 days after arraignment (MCL 766.4(1))[2]
Preliminary examination	District	Not less than 5 days or more than 7 days after the conference, unless the parties agree with court approval to an earlier date (MCL 766.4)[3]
Arraignment on the information	Circuit	The magistrate binds the defendant to appear within 14 days, or may conduct the circuit court arraignment as provided by court rule (MCL 766.13)[15]
Discovery	Circuit	Within 21 days of a request unless the court orders otherwise (MCR 6.201)[16]
Trial	Circuit	No fixed day count; speedy-trial balancing test (MCR 6.004(A))[8]

Stage 1: Arraignment in district court

An arrested person must be brought before a court for arraignment without unnecessary delay.^[14] At a felony arraignment the court must state the offense and its maximum possible prison sentence, advise an unrepresented defendant of the right to remain silent and the right to a lawyer, set the dates for the probable cause conference and the preliminary examination, and decide pretrial release. The court may not question the accused about the alleged offense or ask for a plea.^[17]

The defendant must be told of the right to a lawyer at all court proceedings and to a lawyer at public expense if the defendant cannot afford one. Being able to post bond does not make a defendant ineligible for an appointed lawyer.^[18] Release terms, including no-contact conditions, are covered in The arraignment and Bond conditions.

Stage 2: The probable cause conference

The probable cause conference must include discussions about a possible plea agreement and other pretrial matters, including bail and bond modification. The district judge must be available during the conference to take pleas, consider requests to modify bond and, if the prosecutor asks, take the testimony of a victim. Both sides are entitled to the conference unless both waive it.^[19]

That last point matters to complaining witnesses. On the prosecutor's request, the preliminary examination begins immediately at the conference for the sole purpose of taking and preserving the testimony of a victim who is present. A victim who testifies this way is not called again at the adjourned examination unless good cause is shown.^[20]

In a felony case the prosecutor must also offer the victim the opportunity to consult before finalizing any negotiation that may result in a dismissal, a plea or sentence bargain, or pretrial diversion.^[21] For the misdemeanor counterpart of this conference, see The pretrial conference.

Stage 3: The preliminary examination

The preliminary examination is a hearing in district court at which a judge decides whether there is probable cause to send the case to circuit court. A verbatim record is made, both sides may subpoena and call witnesses and cross-examine, and the Michigan Rules of Evidence apply.^[22] The defendant may waive the examination, but only with the prosecutor's consent, and on a waiver the court must bind the defendant over for trial.^[22][23][24]

There are three possible results:

• Bindover. If the court finds probable cause that a felony was committed and that the defendant committed it, it must bind the defendant over for trial.^[4]
• Reduction. If the court finds probable cause only of a misdemeanor, the case proceeds in district court on that charge.^[4]
• Discharge. If the court finds no probable cause, it must discharge the defendant, without prejudice to the prosecutor bringing the charge again, or reduce the charge to an offense that is not a felony.^[4]

The hearing is covered in depth in The preliminary examination.

Stage 4: Circuit court arraignment and pretrial

After bindover the prosecutor files a charging document called an information. At the circuit court arraignment the defendant receives a copy, and a not-guilty plea is entered unless the defendant offers another plea. A defendant represented by a lawyer may waive this arraignment in writing, and a circuit court may eliminate it for represented defendants by local administrative order. The district judge may also conduct it immediately after bindover.^[25]

In circuit court, discovery runs under MCR 6.201. On request, each side must provide witness names, witness statements and a chance to inspect physical evidence, and the prosecutor must provide exculpatory information, police reports and the defendant's statements.^[26][27] Depositions may not be taken for discovery in a criminal case.^[28] See Discovery: what evidence each side must share.

Plea discussions can take place at the probable cause conference or later in circuit court.^[19] A plea to an offense other than the one charged requires the prosecutor's consent, and a felony plea is taken under oath after the judge personally advises the defendant of the maximum sentence and the trial rights being given up.^[29][30] See Plea bargains in domestic violence cases.

Stage 5: Trial

A felony case is tried to a jury of 12 unless the parties agree, with the court's consent and the defendant's personal waiver, to fewer; the verdict must be unanimous.^[5] The defendant may waive a jury and be tried by the judge only with the prosecutor's consent and the court's approval.^[31] The defendant is presumed innocent, and the prosecutor must prove guilt beyond a reasonable doubt.^[32] See Bench trial or jury trial? and What happens at a domestic violence trial.

Stage 6: Sentencing

Felony sentences in Michigan are informed by the sentencing guidelines, which have been advisory since 2015; a judge must still consult the guidelines range and justify the sentence imposed.^[33] Third-offense domestic assault is a Class E felony against a person under the guidelines.^[34] The court must order full restitution to any victim, and the victim has the right to make an oral impact statement at sentencing.^[35][36] See Felony sentencing guidelines, Victim impact statements and Restitution.

Time limits that protect the defendant

• Jail awaiting trial. A felony defendant who has been incarcerated for 180 days or more awaiting trial must be released on personal recognizance unless the court finds by clear and convincing evidence that the defendant is likely to fail to appear or to present a danger. Adjournments the defendant's lawyer requested or consented to are among the periods excluded from the count. The remedy is release, not dismissal of the charge.^[7]
• Speedy trial. A violation of the constitutional right to a speedy trial requires dismissal with prejudice, but there is no fixed number of days. Courts balance the length of the delay, the reason for it, the defendant's assertion of the right and prejudice; a delay of 18 months or more is presumed prejudicial.^[8]
• The 180-day rule. An inmate of a state correctional facility with an untried charge must be brought to trial within 180 days after the Department of Corrections delivers written notice to the prosecutor. It does not set a deadline for defendants generally.^[6]

What people get wrong about the felony process

"The preliminary exam is within 14 days of arraignment." The statute sets two dates, not one: a probable cause conference 7 to 14 days after arraignment and an examination 5 to 7 days after that conference. This schedule applies to cases in which the defendant was arraigned in district or municipal court on or after January 1, 2015.^[2][37]

"If the exam is dismissed, the case is over for good." A discharge at the preliminary examination is without prejudice to the prosecutor starting a later prosecution for the same offense.^[4]

"The victim only has to testify at trial." In a felony case the complaining witness may be called at the preliminary examination, and may be asked to testify as early as the probable cause conference.^[20][22] Witnesses can read more in What to expect as a witness.