A criminal case is started when someone is accused of committing one or more crimes. The government, which is represented by the prosecuting attorney, starts a criminal case by filing a complaint against the individual, who is called the defendant. The first appearance by the defendant is an arraignment at which the Judge or Magistrate explains to the defendant the charges, his or her rights, and the possible consequences if convicted of the charge. The court also determines the bail amount and collects bail. If the court finds the defendant guilty of a criminal offense, the defendant may have to pay a fine, court costs,other assessments, and/or spend time in jail or prison.

There are two levels of criminal cases, misdemeanors and felonies. Both are initially filed with the District Court, but felony cases may be transferred to the Circuit Court for trial.

Misdemeanor cases such as, vandalism, shoplifting, trespassing, prostitution, and a first or second drunk driving offense are usually handled by the District Court closest to where the crime occurred. If convicted in a District Court, you may be sentenced to spend no more than one year in jail.

If you are accused of committing a felony, a preliminary examination will be conducted by the District Court in the county where the crime took place. If the District Court Judge determines there is enough evidence, the case will be transferred to the Circuit Court for trial. Murder, arson, rape, robbery, drug offenses, and burglary are examples of felony crimes. If you are convicted of a felony, you could be sentenced to spend from one year to life in prison and pay a fine of more than $500.

A criminal defendant has the right to an attorney. In some criminal cases, the court may appoint an attorney to represent the defendant.