To really explain what is meant by that when a person is “tied to the circuit court,” I have to go into the details of how the law is structured. (Don`t worry, it won`t take long.) At its most basic level, law is divided into two parts: civil law and criminal law. Civil law deals with how individuals interact with each other. Criminal law deals with how individuals interact with society. For this reason, in civil proceedings, the aggrieved party sues the accused, and in criminal proceedings, a prosecutor representing the government (not the aggrieved party) prosecutes the accused. My cousin was arrested and charged with a crime. The family doesn`t get much information about what`s going on, but we saw in the news that it was “circuit court related.” Does that mean he was convicted and went to jail? What does “related” mean? Complaint – Legal document prepared by the Public Prosecutor`s Office (DA) on the basis of police reports, testimonies and evidence collected. It lists the charges and highlights of the evidence against the accused. The complaint is filed in court and is a public document. The article didn`t say it, but I bet at first, if you were “linked” to the process, you were really connected. I think of chains, handcuffs, hoods and all that. I am grateful that this is now more about expression than reality. So if your cousin was “tied to the circuit court,” all that happened was that the judge determined the likely reason to proceed.
This is very different from the burden of proof required at trial (“beyond a reasonable doubt”). In fact, the burden of proof in preliminary inquiries is so low that I rarely see a case that is not related to a circuit court unless the prosecution has not provided witnesses (which happens from time to time). An accused who has been enrolled in the trial may still be entitled to bail or bail at his or her own request. In most jurisdictions, a defendant has the right to be released if he or she pays bail set by the court, unless the crime is one of the few crimes for which a defendant can be detained without bail, such as murder. If the offence is a less serious offence, e.g. for an offence, the court may authorise the release of the accused on its own acknowledgment or by the defendant`s promise to return for all court hearings and not to have trouble during the ongoing proceedings. Regardless of how an accused is released, as soon as he is forced to try, he must return to court and face the pending charges. “Bind over.” Merriam-Webster.com dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/bind%20over. Accessed January 14, 2022. Note: In states that require grand jury indictment in criminal cases, a case will be related to the grand jury if the judge or magistrate determines at the preliminary hearing that there is probable reason to believe that the accused committed the crime.
In states that use information, the case is linked to the court of first instance if a probable reason is established. The exact requirements for a defendant to be bound to a trial vary from jurisdiction to jurisdiction. In the United States, prosecutors must prepare an affidavit for probable reasons or a similar document summarizing the evidence against the defendant. The affidavit of probable cause is submitted to the judge to determine whether or not there is a probable reason why the defendant may be bound for the trial. The judge does not make a guilty verdict, but only a statement that the prosecution appears to have enough evidence for the accused to stand trial for the crime. Although they are no longer used as often as before, a grand jury can also decide whether to tie an accused to trial. A grand jury actually listens to the prosecutor`s statements about the evidence he is willing to present to the court. If members of a grand jury are satisfied that there is enough evidence to charge the accused with the crime, they will file a grand jury charge and the accused will be arrested and convicted for trial. Hearing on Motion – Oral or written questions on legal issues raised by counsel before, during or after a trial that ask the judge to make decisions or orders regarding the case. Related is a term that generally refers to the power of the court to place a person accused of a crime on bail. Definitions and procedures vary by jurisdiction.
For example, a local definition defines it as follows: “The transfer of criminal proceedings from the division associated with the District Court after a probable reason for the defendant has committed a crime or when the defendant has waived the preliminary hearing.” In most common law jurisdictions, such as the United States or the United Kingdom, a law enforcement officer must have a probable reason to arrest a person suspected of having committed a crime. The accused or arrested person is then entitled to an indictment or preliminary hearing before a judge or judge, during which the judge determines whether there is sufficient probable reason to detain the accused and force him to stand trial for the crime. When a judge makes this decision, the accused is said to be “bound” to the trial. Other states do not use grand juries. Instead, a trial takes place before a district judge which is very similar to a trial. As in a trial, the rules of evidence apply and the defendant has the right to have a lawyer present and to have witnesses cross-examined. Each party has the opportunity to call witnesses, cross-examine the other party`s witnesses, present evidence and present final arguments. If the judge is not satisfied that there is probable reason to believe that a crime has been committed and that the defendant has committed the crime, the case will be dismissed and the defendant released. If the judge finds a probable reason, he or she issues a document called “information.” For all intents and purposes, the term “information” is essentially the same as an “indictment”: it attests that the court has found a probable reason to charge the accused with a crime. This is called “linked” to the circuit court.
Once this is done, the case essentially begins at the circuit court level and remains there throughout the conviction. Pre-trial hearing or conference – A meeting between the prosecutor and the accused (or the accused`s lawyer), usually before the trial date, to discuss trial issues or possible solutions to the case. Defendant – A person who has been formally charged with committing a crime. The procedure for criminal offences is much more complicated than for administrative offences. The stages of a criminal trial in Michigan look like this: Criminal cases are divided into three basic categories: Conviction – The hearing at which the court imposes the sentence. The verdict follows a guilty or non-competition plea or a guilty verdict by a jury or judge. Indictment – The date on which the defendant is formally charged and asked to contest a guilty plea, not guilty or not. In criminal cases, an indictment may immediately follow a preliminary hearing. Some states and the federal judicial system use a “grand jury” system. Citizens are summoned to the service of the jury and sit on a panel. The prosecutor then brings in witnesses and presents evidence to the grand jury.
If the grand jury is satisfied that there is a likely reason to proceed, it issues a document called an “indictment” and the case goes to trial court. If the grand jury is not convinced, the case is dismissed and the accused is released. In most jurisdictions, the rules of evidence do not apply in grand jury proceedings and witnesses are not allowed to have their lawyers present.