Frequently Used Legal Terms (Michigan)

acquittal – when a jury determines a criminal defendant is not guilty at a trial.

allocution – a statement to the judge made by a person convicted of a crime, prior to being sentenced.

appeal – request to a higher court to review and change the decision of a lower court.

appellant – the party who appeals a court decision.

appellee – the party who opposes, or responds to, the appeal.

bail/bond – security given for the release of a criminal defendant from legal custody, usually in the form of money, to secure their appearance at future court hearings.

bench trial – a trial without a jury in which a judge decides the facts. A defendant can waive their right to a jury trial and choose to have a bench trial.

beyond a reasonable doubt – standard required the prosecution must meet to convict a criminal defendant of a crime at trial.

bind over/bound over – the transfer of a felony or high court misdemeanor case from district court to circuit court after a finding at a preliminary examination (“prelim”), or after the defendant waives the right to a prelim.

burden of proof – the duty of the parties to prove disputed facts. In a criminal case, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt, and the defendant has no burden to prove their innocence.

challenge for cause – to ask that a member of the jury be excused because there appears to be a specific reason that the person is not legally qualified to act as a juror in the case, usually due to bias or conflict of interest.

circuit court – the trial court level in Michigan that handles all felony criminal cases after they are “bound over” from district court.

criminal complaint – a written document outlining the charges brought against a defendant.

concurrent sentences – sentences of imprisonment served simultaneously in cases where a criminal defendant is convicted of more than one offense and sentenced to separate terms of imprisonment for each offense. An offender will be released after the most extended sentencing term ends.

consecutive sentences – in cases where a criminal defendant is sentenced to separate terms of imprisonment for multiple offenses, an offender must finish the first sentence before serving a sentence for the other crime. An offender will be released only after each sentence has expired, one after the next.

contempt – an act or failure to act that violates a court order, impedes the functioning of the court, or impairs the authority of the court. Contempt may be direct (in-court) or indirect (out-of-court), but both are subject to civil or criminal contempt sanctions.

continuance – decision by a judge to postpone proceedings to a later date. (Often referred to as an Ends of Justice Continuance or an “EOJ.”)

conviction – a judgment of guilt against a criminal defendant. A conviction occurs through a guilty plea, a no contest plea, a judge’s decision at a bench trial, or a unanimous jury verdict.

discovery – the exchange of documents, information, and evidence between the lawyers for each side. Discovery includes written, physical, or digital evidence, and the prosecution must provide discovery materials to a criminal defendant prior to trial (and upon receipt of a Discovery Demand). Discovery includes an opportunity to inspect physical evidence. The prosecutor’s obligation to provide exculpatory evidence to a defendant is ongoing, including anything that the defendant could use to argue their innocence at trial.

dismissal “with prejudice” – dismisses the case barring future prosecution for the same crime.

dismissal “without prejudice” – dismisses the case, but a future prosecution may still occur.

disposition – determination of a case, whether by dismissal, plea and sentence, settlement and dismissal, or verdict and judgment.

district court – the court that handles misdemeanor criminal cases and the court where all adult criminal court proceedings in Michigan begin, regardless of the nature of the offense. In felony cases, the district court issues arrest and search warrants, sets bail, and conducts arraignments and preliminary examination hearings.

diversion – a decision or program designed to divert offenders from official court proceedings and a conviction to a less formal, less adversarial, and more community-based setting.

docket – a chronological log containing brief entries of court proceedings from the initial complaints to the final judge’s order.

double jeopardy – the constitutional protection from being tried more than once for the same or similar criminal charges or from being exposed to multiple punishments for the same offense.

due process – the fundamental procedural rules that guarantee “fair play” in the conduct of legal proceedings.

exhibits – physical evidence or documents that are presented in a court proceeding.

ex parte order – an order made by the court upon the application of one of the parties to a case without prior notice to any other party.

expungement – to legally void records, including criminal records, in files, computers, or other depositories.

felony – a crime carrying a penalty of more than a year in state prison, unless it is specifically stated to be a misdemeanor.

grand jury – a jury that reviews complaints and accusations in criminal cases and issues indictments when there is probable cause to believe there was a crime committed and that the accused committed that crime. Grand Juries are rarely used in Michigan but are very common in the federal system.

HYTA – (Holmes Youthful Trainee Act), allows youthful offenders in Michigan aged 18 to 26 to avoid a permanent criminal record for certain offenses.

impeachment – the process of calling someone’s testimony into question, as in “impeaching the testimony of a witness,” usually because of bias, a motive to lie, a prior inconsistent statement, or some other reason why their testimony should not be fully believed.

indictment – a formal accusation, also known as a “true bill,” presented by a grand jury that charges a person with a crime (mostly used in federal court).

information – a written document charging the defendant with a crime following bindover to circuit court.

interlocutory appeal – an appeal of a decision made by the court during a criminal case, but before the final outcome.

judgment – the decision of a court of law.

jury – a group of people sworn to consider the evidence presented, determine issues of fact, and deliver a verdict in a judicial proceeding. There are six jurors for district court in civil and criminal matters. There are six jurors for civil matters in circuit court and 12 jurors for criminal matters. The court will also select one or two alternate jurors to sit in the jury until the end of the case, in case any jurors need to leave trial unexpectedly.

jury instructions – a judge’s explanation to the jury, before it begins deliberations, of the questions it must answer and the law governing the case. Each party suggests jury instructions to the judge, but the judge chooses the final wording.

misdemeanor – a crime carrying a penalty of less than a year in prison and/or a fine that is not a civil fine. Some “high court misdemeanors” carry penalties in Michigan of up to two years in prison, and they are treated in the court system as felonies for procedural purposes.

mistrial – an invalid trial caused by a fundamental error or a hung jury. When a mistrial is declared, the trial must start again, beginning with the selection of a new jury, or the prosecutor may choose to dismiss the charges.

motion – an application to the court for the purpose of obtaining a certain order or decision from the judge.

motion in limine – a motion to exclude or allow certain evidence at trial.

motion to quash – a motion made to the court to declare a specific proceeding in the legal process invalid. A motion to quash may be brought for the purpose of setting aside a bindover after a preliminary examination, or a motion to quash a search warrant, for example.

no contest – aka “nolo contendere,” a plea that has the same effect as a plea of guilty as far as criminal sentencing is concerned, but this type of plea may not be considered an admission of guilt for any other purposes, including in a civil lawsuit. No contest pleas in Michigan are only allowed for certain specified purposes under the law, the most common of which is the possibility of civil liability.

nolle prosequi – a formal entry made on the court record by which the prosecutor declares they will not further prosecute the case.

objection – when an attorney challenges a statement or question made at trial. The judge may sustain the objection (agree with the attorney and prohibit or strike the statement or question) or overrule the objection (disagree with the attorney and allow the statement or question).

order – a direction of the court made orally or entered in writing.

parole – conditional release from prison before the end of the sentence.

peremptory challenge – the right of the prosecution or defense to remove a certain number of jurors without giving any cause or reason, as long as the removal is not done for a discriminatory or other impermissible reason, such as based on race.

personal recognizance – a criminal defendant’s pretrial release without posting money or a bond with the court. The court takes the defendant’s word that they will appear as instructed.

plea deal – also known as a plea bargain or plea agreement, an agreement between the defendant and the prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor that may include lesser charges, a dismissal of charges, or the prosecutor’s recommendation to the judge of a more lenient sentence.

pleadings – written statements of the parties filed in a court case.

probable cause – in criminal cases, reasonable grounds for believing that the facts justify issuance of an arrest warrant, search warrant, or bind over to circuit court in felony cases.

probation – a sentence alternative to imprisonment in which the court releases convicted defendants under supervision as long as they follow certain conditions imposed by the court and probation office.

pro se – “on one’s own behalf,” referring to a person who represents themselves in court without a lawyer.

register of actions (ROA) – the permanent case history maintained in accord with the Michigan Supreme Court Case File Management standards.

restitution – the amount of money a convicted defendant is required to pay the crime victim to compensate for damages suffered as the result of the crime.

search warrant – order that a specific location be searched for items, which, if found, can be used in court as evidence. Search warrants require probable cause in the affidavit to indicate that evidence of a crime is likely to be found in the place to be searched at the time of the warrant.

sentence – the punishment imposed upon the defendant following a conviction in a criminal proceeding, which most often includes possible jail or prison time, fines, restitution, and/or probation.

sidebar – a conference between the judge and lawyers held out of earshot of the jury and spectators.

statute – a law passed by a legislature.

statute of limitations – the maximum time limit set by statute to prosecute a crime or file a lawsuit.

stay – a temporary pause or suspension of a judicial proceeding by court order.

stipulation – an agreement between opposing parties on any matter relating to the proceedings or trial.

subpoena – a writ or order that commands a witness to appear and give testimony or produce documents with a penalty for failure to do so.

voir dire – the process by which judges and lawyers select a jury from among those eligible to serve by questioning them to determine knowledge of the facts of the case, potential biases, and a willingness to decide the case only on the evidence presented in court.