Timeline of a Felony Criminal Sexual Conduct Case in Michigan

A Michigan criminal sexual conduct (CSC) case moves through two courts: district court for the arraignment, bond, probable cause conference and preliminary examination, then circuit court for trial and sentencing.^[1] The first weeks run on fixed statutory windows, and after the case reaches circuit court a series of notice deadlines apply to both sides.^[2][4][9]

This page lays out the stages in order and collects the deadlines that are specific to sex-offense cases. Procedure common to all such cases is covered in the sister guide's felony case timeline; this page keeps to what is different when the charge is CSC.

Which court handles a CSC case?

District court has trial jurisdiction over misdemeanors punishable by a fine or imprisonment not exceeding 1 year. It also conducts preliminary examinations in all felony cases and in misdemeanor cases it cannot try, and sentencing in those cases is conducted by a circuit judge.^[1]

Fourth-degree CSC is labeled a misdemeanor but is punishable by imprisonment for not more than 2 years.^[10] That puts it outside district court's trial jurisdiction, so all four degrees follow the path described here.^[1]

The stages in order

1. Investigation and charging decision. A judge or magistrate does not issue a warrant or summons for anything other than a minor offense unless a written authorization signed by the prosecuting attorney is filed.^[11] See who decides to charge a sex crime.
2. Arrest and district court arraignment. A person arrested for a felony provides a DNA sample.^[12] Bond is addressed at this stage; see bond in CSC cases. On request, the magistrate orders the names of the victim and the accused and the details of the alleged offense suppressed until the arraignment on the information, dismissal, or the end of the case, whichever occurs first.^[13]
3. Victim notice. Not later than 7 days after the arraignment, and not less than 24 hours before a preliminary examination, the prosecuting attorney gives each victim a written notice of rights and procedures.^[14]
4. Probable cause conference. Set for not less than 7 days or more than 14 days after the arraignment.^[2] It includes discussion of a possible plea agreement and of bail, and it may be waived by agreement between the prosecuting attorney and the defendant's attorney.^[15][16]
5. Preliminary examination. Set for not less than 5 days or more than 7 days after the probable cause conference.^[2] The parties may, with the court's approval, agree to an earlier date; the defendant may waive the examination with the prosecuting attorney's consent; and the court may adjourn it for a reasonable time if the parties consent or, over objection, on a record finding of good cause.^[16][17] See the preliminary examination in CSC cases.
6. Bindover. If the magistrate finds that a felony has been committed and there is probable cause to charge the defendant with it, the defendant is bound over to appear within 14 days for arraignment in circuit court.^[3] On a qualifying finding the district court also orders infection testing at this point.^[18]
7. Circuit court arraignment on the information. Name suppression under MCL 750.520k ends here.^[13] Several defense deadlines start here.^[4][5]
8. Pretrial motions and discovery. On request the prosecuting attorney provides the items listed in MCR 6.201(C), including exculpatory information and police reports.^[19] See the sister guide's page on discovery and this hub's page on counseling and medical records.
9. Plea or trial. See plea bargains in CSC cases and what happens at a CSC trial.
10. Registration and sentencing. A person convicted of a listed offense registers before sentencing.^[8] The victim has the right to make an oral impact statement at sentencing.^[20] See sentencing guidelines for CSC.

Deadlines that apply in a CSC case

Event	Deadline	Who it binds
Probable cause conference	7 to 14 days after arraignment[2]	The court
Preliminary examination	5 to 7 days after the probable cause conference[2]	The court
Circuit court arraignment	The bindover order directs the defendant to appear within 14 days[3]	The defendant
Rape-shield motion and offer of proof	Within 10 days after the arraignment on the information[4]	The defense
Notice of alibi	At the arraignment on the information or within 15 days after it, and not less than 10 days before trial, or as the court directs[5]	The defense
Notice of rebuttal to an alibi	Within 10 days after receiving the alibi notice, and not later than 5 days before trial, or as the court directs[21]	The prosecution
Notice of expert evidence of mental illness or intellectual disability bearing on specific intent	Not less than 30 days before the trial date, or as the court directs[22]	The defense
Disclosure of other listed offenses against a minor under MCL 768.27a	At least 15 days before the scheduled trial date, or later for good cause[9]	The prosecution
Written notice of other-acts evidence under MRE 404(b)	At least 14 days before trial, unless excused for good cause[23]	The prosecution
Trial after bail is denied under the constitutional exceptions	Not more than 90 days after the denial; if not, and the delay is not attributable to the defense, a bail hearing[24]	The court
Release on personal recognizance in a felony case	After the defendant has been incarcerated 180 days or more awaiting trial, not counting listed periods of delay, unless the court finds by clear and convincing evidence that the defendant is likely to fail to appear or to present a danger[25]	The court
Infection testing, if the victim requests	Not later than 48 hours after the information is presented and the defendant is in custody or served[18]	The court

These are the periods as the statutes and rules state them. Several carry their own escape clause ("or at such other time as the court directs," "for good cause"), so the dates in a particular case are the ones in that court's orders.^[5][9]

Can the complainant testify before the preliminary examination date?

Yes, at the prosecutor's request. On the request of the prosecuting attorney, the preliminary examination shall commence immediately for the sole purpose of taking and preserving the testimony of a victim if the victim is present.^[26] A victim who testifies this way is not called again at the adjourned examination absent a showing of good cause.^[26]

Is there a speedy-trial rule for sex-offense cases?

Several different rules bear on how fast a case moves, and they do different things.

• The general statute. The people of the state and persons charged with crime are entitled to a speedy trial, and public officers have a duty to bring a criminal case to a final determination without delay except as may be necessary to secure the accused a fair and impartial trial.^[27] The accused also has a constitutional right to a speedy and public trial.^[28]
• The court rule. Under MCR 6.004(A), a defendant whose constitutional right to a speedy trial is violated is entitled to dismissal of the charge with prejudice.^[25] Under MCR 6.004(C), a defendant in a felony case who has been incarcerated for 180 days or more to answer for the same crime 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 to any other person or the community; the rule lists periods of delay that are left out of the count.^[25]
• The victim's track. Under MCL 780.759 the chief judge, on the prosecuting attorney's motion for a speedy trial in a listed case, sets a hearing date within 14 days of the filing of the motion.^[6] The section applies to a case in which the prosecuting attorney declares the victim to be a victim of child abuse, including sexual abuse; a victim of first-, second- or third-degree CSC or of an assault with intent to commit CSC involving penetration or second-degree CSC; 65 years of age or older; or an individual with a disability that inhibits the ability to attend court or participate.^[7] Fourth-degree CSC is not on that list.^[7] If the motion is granted, the trial is not scheduled earlier than 21 days from the date of the hearing.^[6]
• The 90-day rule after bail is denied. This one applies to a defendant held without bail under the constitutional exceptions.^[24]

The 21 days in the victim's track is a minimum before trial, not a deadline for holding it, and the section does not set a date by which the trial has to be held.^[6][7]

What happens between a verdict and sentencing?

After a conviction for sexual assault of a minor, defined there as a person less than 16 years of age, the defendant is detained without bail while awaiting sentence.^[29] That term is defined by a list of offenses and does not include fourth-degree CSC.^[30] A defendant convicted of any other CSC offense and awaiting sentence is also detained without bail, unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons.^[31] A person convicted of a listed offense registers before sentencing.^[8] The registry itself is explained in Michigan's sex offender registry explained.

What people get wrong

The first mistake is to think the clock started with the report. The stages on this page begin with the charge, and the time the prosecutor has to bring a charge is a separate question governed by the statute of limitations; a charge of first-degree CSC may be brought at any time.^[32] See the statute of limitations for sex crimes.

The second is to assume the complainant controls the pace or the outcome. A crime victim has rights to confer with the prosecution and to timely disposition, but may not determine whether the prosecution goes forward or is dismissed.^[33][34]

The third is to treat the early windows as the length of the case. The 7-to-14-day and 5-to-7-day periods cover only the district court stage.^[2] Those dates can also move: the examination can be adjourned by consent or on a finding of good cause, and under the court rule a violation of the scheduling subrule is deemed harmless error unless the defendant demonstrates actual prejudice.^[16]