Eaton County - Eaton County

Paternity Family Support Specialist Parenting Time Support Friend of the Court

The new direct-dial phone numbers to speak with someone in our Family Support Unit are (517) 543-4890 or (517) 543-4897

Who do I contact at the Eaton County Prosecutor's office?

Our Paternity and Child Support Specialists, please call at (517) 543-4890, or 543-4897.

What is paternity?

Paternity means "fatherhood". The term "establishing paternity" means making the biological father of a child born out of wedlock the legal father as well.

Why is it important to establish paternity?

The parents and the child have the right to have a parent-child relationship. Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Other reasons include:

• Identity: It is important to know who we are. Children who know both parents develop a sense of "belonging". Children may also benefit by knowing their family's biological, cultural, and medical history.
• Money: The law requires both parents to support their children, even if the pregnancy was unplanned. Children supported by just one parent often do not have enough money for their needs.
• Benefits: The child has the right to its parents' benefits (social security, insurance, inheritance, veterans', etc.).
• Medical: The child may need a complete medical history from the families of both parents, including inherited health problems.

How is legal paternity established?

• If the mother is married when the baby is born, her husband is considered by law to be the father, unless a court says otherwise.
• If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is considered by law to be the father.
• If the mother is married at the time of conception or birth, but her husband is not the biological father of the child, a voluntary Affidavit of Parentage is not allowed unless a court has already determined that the husband is not the biological father.
• If the mother is not married at the time of conception or birth, paternity can be established by (i) both parents signing a voluntary Affidavit of Parentage that is filed with the Michigan Department of Community Health's Office of the State Registrar, or (ii) a judge can declare that a man is the legal father after a hearing or default.

How do I start a paternity case?

In many cases, when the custodial parent or a child's legal guardian receives state assistance for the child (e.g., birthing expenses, medicaid, food stamps, etc.), the Department of Human Services will send a referral to us to establish paternity and a support order, even if the custodial parent has not requested child support. The support money is used to reimburse the state for the covergae and services it spends on the child.

You must first contact the Michigan Department of Human Services' Support Specialist at (866) 540-0008 to request or apply for services provided by our office. The Support Specialist will assist you with the application. If necessary, they will attempt to locate the absent parent for you. Your case will then be referred to the Family Support Division in the Prosecutor's Office and a case will be opened.

Our Paternity and Child Support Specialists call (517) 543-4890, or 543-4897.

After your case is opened, you will be mailed an appointment letter and a questionnaire. You will be asked to fill out all the information requested and bring it to the office on your appointment day. The information will be used to file a lawsuit against the absent parent so it is very important that all information supplied is complete and correct. A complaint will be prepared and your case will be filed with the court.

What happens with the absent parent?

Once the support order case is filed, our office may schedule an appointment with the absent parent in our office. The case issues will be explained. A final Order, resolving the case by consent, might be signed at that time.

If the absent parent lives far away or out of state, we will send them notice of the case by certified mail. They may then contact us by telephone or mail. At times, it is necessary to arrange for papers to be served by an outside agency if the absent parent does not respond. Once the papers are served on the absent parent, the other party has a little less than a month to respond. If not, we will ask the Judge to enter a "default order" against the parent to establish paternity and/or child support. Payments will then be collected and obligations enforced by the Friend of the Court (FOC).

How can the father voluntarily acknowledge paternity?

Both parents must sign papers acknowledging paternity. The Affidavit of Parentage must be notarized and filed with the Michigan Department of Community Health's Office of the State Registrar. Before signing the form in the presence of a notary public, the father must provide pictured identification and his social security number (plus other identification, if necessary).

Can the Affidavit of Parentage be filed by mail?

Yes. The completed Affidavit of Parentage form can be mailed to:

Is there a fee for filing the Affidavit of Parentage?

No. However, certified copies of the Affidavit of Parentage are available from the Central Registry for $13.00 (additional copies are $4.00 each).

What if the father refuses to acknowledge paternity?

The mother (or the Michigan Department of Human Services, if the child is receiving public assistance such as Aid to Dependent Children) may bring a paternity suit to have the matter resolved in court. The alleged father is entitled to a hearing in Circuit Court to prove whether he is the father. [NOTE: DHS used to be called the Family Independence Agency, or "FIA", and before that was called the Department of Social Services, or "DSS".]

What if the mother is not sure who her child's father is?

The mother should call a DHS Support Specialist, toll-free at (866) 540-0008, who will help her to identify and locate (if necessary) the father free of charge. The mother does not have to be on public assistance to seek help from a DHS Support Specialist.

When is a DNA/blood test necessary? How is a paternity DNA/blood test done?

A DNA/blood test is needed when the alleged father denies or questions paternity. If blood testing is ordered by the Circuit Court, the mother, child and alleged father will be scheduled for a joint blood drawing in the area. (In Eaton County, most cases do not involve withdrawl of actual blood samples. Rather, painless Q-Tip^®-like swabs are rubbed inside the mouth, which painlessly capture skin cells containing DNA.) The samples are taken from the mother, child and alleged father and are tested at a laboratory. The tests compare many different and complex details of the child's blood with similar details in the mother's and alleged father's blood.

What does paternity blood testing show?

The tests can accurately show that a man is not the father of the child, or a percentage of likelihood that he is the father (e.g., 99.48% probability). If the results show that the alleged father is not the biological father, the case is dismissed. Because of its accuracy, the DNA/blood test result generally settles the issue, so contested paternity trials are rare.

Who pays for the DNA/blood tests?

The court will decide who pays. In many case, the alleged father is ordered to pay.

Can the parents do private DNA testing?

Yes. If a private attorney files a paternity case and wants to arrange DNA testing in our area, arrangements can be made directly with Orchid Cellmark, in East Lansing, MI; call toll-free (800) 837-1504.

What happens if the mother or father is not 18?

In Michigan, the mother's or father's age is irrelevant.

How long after the child is born can paternity be established?

Both Michigan and federal laws permit paternity actions to be started anytime before the child reaches the age of 18. But, you should not wait to establish paternity. Your child has the right to expect regular and continued emotional and financial support from both parents. Give your child the best possible chance in life by getting paternity established now!

When can the father's name be put on the birth certificate?

If the mother is married, her husband's name will be recorded on the birth certificate. In other circumstances:

• if the mother has been divorced or widowed for less than ten months, her husband at the time of conception will be named on the birth certificate, or
• if the mother was not married at the time of conception or birth, the father's name can be placed on the birth certificate if an Affidavit of Parentage has been signed and notarized.

Birth certificates are not automatically changed when an Affidavit of Parentage is filed, unless the change is made at the birth hospital before the birth has been registered. Changes to registered birth records can be requested based upon a properly completed Affidavit of Parentage, but the birth record correction must be requested on an Application to Correct a Certificate of Birth. These forms are available at the County Clerk's office or the Office of the State Registrar. A birth certificate can be changed to reflect the father listed on this Affidavit if no other man is recorded on the birth certificate as the child's father. Should a conflict exist, a court determination of paternity may become necessary.

If the parents decide to voluntarily acknowledge paternity, what other steps must be taken?

Beside filing the notarized Affidavit of Parentage with the Michigan Department of Community Health's Office of the State Registrar, the parents should try to agree on issues of child support, parenting time ("visitation") and custody. If the parents cannot agree, then they must get a court order.

In Eaton County, child custody and visitation issues are decided before the paternity order is entered. Other counties may handle the timing of custody and visitation orders differently. Check with your county's Prosecuting Attorney!

SUPPORT

What is a "support order"?

A support order means any order entered by the Circuit Court which requires the payment of money for child support, spousal support (alimony), medical, dental and other health care expenses, child care expenses, and educational expenses.

What is in a support order?

The final court Order will include a child support obligation, to be paid by income withholding (usually expressed in "$____/month"), a child care contribution, responsibility for medical insurance or uninsured medical expenses, the responsibility to report certain changes in circumstances or coverage to the Friend of the Court, reimbursement for pregnancy and/or childbirth expenses and, if the parties agree, a provision for parenting time.

How do I get a court order for child support?

A petition requesting an Order of Support must be filed in the Circuit Court. If both parties (and the Judge) agree on the amount, an order can be quickly entered. If the parties cannot agree, you can consult with a private lawyer, or contact the Department of Human Services to talk to a Support Specialist for free help. (You do not have to be on public assistance to seek help from the Support Specialist.) The DHS can refer a support case to the Prosecuting Attorney, who can file an action in Circuit Court under the Family Support Act.

Lansing

Department of Human Services
Office of Child Support Operations - Lansing
P.O. Box 30750
Lansing, MI 48909-8250
(866) 540-0008 (toll free number)

Detroit

Department of Human Services
Office of Child Support Operations - Southeast
Box 02991
Detroit, MI 48202-2991
(866) 661-0005 (toll free number)

Contact one of these locations to inquire about child support services (i.e., establishing paternity, child support orders, etc). DHS no longer has contact persons in their local county offices.

Once the support order has been entered, if the parents get back together and decide to end the family support order, they must contact their private lawyer or the Friend of the Court to stop the support order. It is not sufficient to just notify a DHS case worker.

How is child support determined?

Child support is set by a formula in the Michigan Child Support Guidelines. (You may want to download the Michigan Child Support Guidelines Manual.) This formula considers both parents' income, the number of children and their custodial arrangements, other child support payments, etc. (But every-day financial responsibilities like rent/mortgages, utilities, credit card debts, etc. are not factored in.) The baby's medical costs may also be included in the child support order. You may get a copy of the Michigan Child Support Guidelines by contacting:

Will the Prosecutor help me collect child support?

No. The Friend of the Court is responsible for enforcing payment orders and collecting delinquencies (although you may also hire a private attorney to file an enforcement action). Child support is generally collected through income-witholding from the parent's paycheck. If the person is self- or un-employed, payment must be made personally.

What if the parent responsible for paying lives outside Michigan?

We can file a case for paternity and/or child support even if the absent parent lives in another state. In some cases, when that party is a former Michigan resident or other factors exist, we may still be able to file a case in our county.

If there are not sufficient ties to the state of Michigan, an action is filed under the Uniform Interstate Family Support Act (UIFSA). The papers are prepared in our office, filed with our court and forwarded to the state where the absent parent resides. The final court Order must be obtained in the other state. Although we process interstate cases right away, we cannot control the time it takes another state to obtain an Order. We will monitor the other state's efforts on a regular basis and contact you if additional information is required.

The parent responsible for paying support has stopped paying. What can be done?

The Friend of the Court is responsible for enforcing payment orders and collecting delinquencies (although you may also hire a private attorney to file an enforcement action). There are several options: income withholding orders, show cause hearings (civil contempt hearings held with the Judge who issued the support order), tax refund intercepts, and liens on the payor's property are the most common methods used.

NOTE: Visitation and support orders are separate orders of the Court, with separate enforcement procedures. If you are not being paid the support monies to which you believe you are entitled, you may not withhold parenting time ("visitation") from the delinquent parent.

I cannot find the non-paying parent. Are there free Internet sites that may assist my search?

Yes! The Michigan Department of Human Services' web site has a good list of parent locator services.

The parent responsible for paying support has moved to another state. What do I do?

The parent responsible for paying child support must continue to pay support through the Friend of the Court, even if he or she leaves the State of Michigan. If child support payments stop, the parent who is owed the money has several options:

1. Contact a private lawyer or the Department of Human Services to request an action under the Uniform Interstate Family Support Act (UIFSA); a UIFSA order establishes a support order in the state where the non-custodial parent lives. Bring copies of all court orders involving the parents, plus the full name, date of birth, social security number, and last known address of the person who owes support money. The DHS will send a referral to the Prosecuting Attorney to start a UIFSA action. If the missing parent's whereabouts are unknown, the DHS or the Prosecuting Attorney may be able to help find him or her. Once the state in which the non-custodial parent lives enters its support order, authorities in that state are responsible for its enforcement. Each state has control within its own borders, and a support order established in the other state under UIFSA does not affect the amount owed under the Michigan order. A delinquent payor who returns to Michigan can be brought before a Michigan court for failure to pay under the Michigan order.

    

2. Register the Michigan order in the other state where the paying parent lives. (The Friend of the Court or a private lawyer can help do this.) Once registered, it becomes an order of that state's court, and is enforced by that other state. [NOTE: In some states, registering the support order requires registering the custody and visitation orders, which will give the other state's court the power to change the terms of the support, custody or visitation orders, if asked.]

    

3. Request the Friend of the Court to arrange for the Michigan court to send an interstate income withholding order, if the name and address of the payer's source of income are known. The FOC can then begin an interstate income withholding action.

What web sites have Michigan child support-related information?

Check out the Michigan Department of Human Services' Child Support page, the Marquette County Prosecuting Attorney's Family Support page, the Washtenaw County Prosecuting Attorney's Child Support Division web page, and the Midland County Friend of the Court's web pages! You will find answers to common support questions, plus information on and links to the Michigan Child Support Guidelines and Child Support Formula Manual.

Are there other web sites with child support information?

Check out the Federal Administration for Children and Families, the Federal Office of Child Support Enforcement, the Association for Children for Enforcement of Support.

Visit our Downloads page, too. We have posted some child support and parenting time documents.

Read the Department of Human Services' Office of Child Support's informative brochure:

CUSTODY &
PARENTING TIME
(Visitation)

Are there different kinds of custody?

Yes. The most common types of custody are Joint Custody [where the child lives with one parent part of the time and with the other parent part of the time and/or parents both share in making decisions on important issues dealing with the child] and Sole Custody [where the child lives with one parent and that parent is responsible for making decisions on important issues dealing with the child].

What is the Prosecutor's role in issues of custody and parenting time ("visitation")?

After a case is filed in Circuit Court and a temporary support order is signed by the Judge, the Prosecuting Attorney's office will refer the matter to the Friend of the Court's office for a formal recommendation on custody, support and parenting time ("visitation"). The Prosecuting Attorney does not appear in court on custody or parenting time ("visitation") issues or disputes. If you need help because you are being denied parenting time, you may contact the Friend of the Court for assistance once a judgment has been issued by a Circuit Court Judge, or you may seek the assistance of a private attorney who specializes in family law.

If you believe that the other parent has "kidnapped" your child, contact the police. They will conduct an investigation and possibly refer the case to the Prosecuting Attorney to decide whether a crime has occurred requiring prosecution.

How do I get an order for custody?

A petition must be filed requesting the court to grant you custody of your child(ren). If both parties agree and sign an agreement (called a Stipulation and Consent Agreement), that will be entered as a custody order (if the Judge approves the terms, too).

How do I change an existing custody order?

A custody order can be changed by filing a petition with the Circuit Court to modify the custody order --- or the parents can sign a written agreement, which the Judge can approve and enter. This process takes place at the Friend of the Court's office, not with the Prosecuting Attorney's office.

We can't agree on custody issues. Can the Court help us reach an agreement?

The Friend of the Court will provide domestic relations "mediation" to help resolve disagreements over the terms of custody. Mediation is a voluntary process where a neutral third party assists in settling disputes.

If the parties cannot agree on the terms of custody --- or if mediation does not resolve disputes --- the FOC will conduct an investigation and file a written report and recommendation with the Circuit Court based on factors listed in the Michigan Child Custody Act. The parents will get copies of the report and recommendation. A court hearing will follow before the Judge decides what to do about custody.

Do I need an attorney to get a custody order?

You do not have to have an attorney in order to file for a custody order, but it is a good idea because there are many complicated legal issues involved. Neither the Prosecuting Attorney nor the Friend of the Court can act as your legal counsel, or file a custody petition for you.

How do I get an order for parenting time ("visitation")?

File a petition requesting that the court grant you visitation time with your child(ren). If both parties (and the Judge) agree and sign an agreement, that will be entered as a visitation order. A visitation order can be changed by filing a petition to modify the order --- or the parents can sign a written agreement, which the Judge can approve and enter. The Friend of the Court will provide domestic relations "mediation" to help resolve disagreements over the terms of parenting time.

If the parties cannot agree on the terms of parenting time --- or if mediation does not resolve disputes --- the Friend of the Court will conduct an investigation and file a written report and recommendation with the Circuit Court, based on factors listed in the Michigan Child Custody Act. The parents will get copies of the report and recommendation. A court hearing will follow before the Judge decides what to do about custody.

The Child Custody Act states that visitation shall be granted in accordance with the "best interests of the children". A child has a right to parenting time with the non-custodial parent unless the Judge rules by clear and convincing evidence that the visitation would endanger the child's physical, mental or emotional health.

I am being denied visitation. What can be done?

First, contact your attorney (if you hired one to assist you getting the custody order). Otherwise, file a written complaint with your county's Friend of the Court, requesting that the FOC take action to enforce the order. Include specific facts, dates, times, etc., and the reasons given for the alleged denial of visitation. If the Friend of the Court has reason to believe that the Parenting Time order has been violated, the office may (1) meet with the parties to try to resolve the disagreements, (2) refer the dispute to a mediator, (3) apply the office's local make-up visitation policy, (4) begin a civil contempt proceeding with the Court by filing a petition for a show cause order, and/or (5) petition the Court to change the existing Parenting Time order.

Does the Prosecuting Attorney or the Friend of the Court have a responsibility to investigate alleged abuse and/or neglect of a child?

Allegations of child abuse or neglect should be reported to the Protective Services unit of your county's Michigan Department of Human Services (formerly known as the Family Independence Agency, or FIA). The DHS office in Eaton County is located across the street from the Eaton County Courthouse:

If the DHS investigation determines that abuse or neglect has occurred, the Prosecuting Attorney may be asked to assist DHS in filing a neglect petition in the Family Division of Circuit Court. The Friend of the Court must conduct an investigation when a party files a visitation or custody petition; allegations of abuse or neglect should be communicated to the Friend of the Court during this investigation.

Are there other web sites with parenting time information?

• Visit Michigan's Friend of the Court / SCAO Bureau Parenting time web site
• Read the SCAO's Parenting Time Guideline Manual

 

FRIEND OF THE COURT

 

 

What is the Friend of the Court?

 

The Friend of the Court is a division of the Circuit Court; there is at least one office for each County. The Friend of the Court is not a division of the Prosecuting Attorney's office. The Friend of the Court Act (1982 PA 294) makes the office responsible for:

• investigating, reporting and making recommendations to the Circuit Court on custody, parenting time ("visitation") and the amount of child support
• providing mediation sessions to resolve child custody and parenting time disagreements
• collecting, recording and sending out all support payments ordered by the Court
  
• initiating enforcement of all custody, support and parenting time ("visitation") orders entered by the Court

 

Where do I contact the Eaton County Friend of the Court?

 

Eaton County Courthouse, 2nd Floor
1045 Independence Blvd.
Charlotte, MI 48813
(517) 543-6850

 

What web sites have Friend of the Court-related information?

 

Michigan Friend of the Court Forms

Michigan Supreme Court

SCAO Friend of the Court Bureau

Friend of the Court Overview

Friend of the Court Brochures & Handbooks

Model Friend of the Court Handbook

Parenting Time Guidelines [141kb]

Berrien County Friend of the Court (37th Circuit) [02/26/07: N/A]

Calhoun County Circuit Court (37th Circuit)

Crawford, Kalkaska & Otsego Counties Friend of the Court (46th Circuit)

Ingham County Circuit Court (30th Circuit)

Ionia County Friend of the Court (8th Circuit)

Jackson County Friend of the Court

Kalamazoo County Circuit Court (9th Circuit)

Kent County Friend of the Court

Livingston County Friend of the Court

Macomb County Circuit Court

Marquette County Friend of the Court

Midland County Friend of the Court

an excellent web site ... information on and links to the Michigan Friend of the Court Handbook, Child Support Guidelines, and Child Support Formula Manual, plus links to divorce and family law-related web sites.

Monroe County Friend of the Court

Oakland County Friend of the Court

Washtenaw County Friend of the Court

an excellent web site ... Friend of the Court Handbook/Directory, information on mediation, download forms, information for employers, etc.

Washtenaw County Prosecuting Attorney's Child Support Division

Wayne County (3rd Circuit Court) Friend of the Court

Federal Office of Child Support Enforcement

 

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© 1997-2011 Eaton County Prosecuting Attorney Jeffrey L. Sauter | Disclaimers | Thanks
© 1997-2011 Eaton County Information Systems
Site developed and maintained by Neil F. O'Brien

 

Documents You Can Download

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UPDATED: March 14, 2012

VICTIMS DRUGS ECU FAMILY Ct FOIA PPOs POLICE MISC. We have made several brochures and forms to help crimes victims and the general public better understand Michigan's criminal justice system. They are available below, along with other informative documents and court-approved forms. Files with the  icon are in PDF format. If you cannot view them, download & install the free Acrobat Reader.     SIZE TYPE SOURCE CRIME VICTIMS General Appellate Case Process 228 kb ECPA Crime Victim Compensation (application) 174 kb CVSC Crime Victim Compensation (brochure) 107 kb CVSC Notification to Crime Victims, Co-Victims and Other Concerned Citizens brochure 81 kb MDOC Crime Victim Notification form 28 kb MDOC Crime Victim Notification Network (MCVNN) brochure 90 kb MDCH Important Information for Crime Victims 134 kb ECPA Legal Process / Criminal Case Process 171 kb ECPA Parole Notification Form 43 kb MDOC Victim Impact Statement (Person) 20 kb ECPA Victim Impact Statement (Business) 18 kb ECPA Resources Domestic Violence Resources 527 kb ECFVCC Eaton County Resources 143 kb ECPA Quick Reference Resource Guide 245 kb ECPA Restitution Restitution Collection (brochure) 225 kb ECPA Restitution help: Discovery of Defendant's Assets DC 87 - Affidavit of Judgment Debtor MC 11 - Subpoena - Order to Appear &/or Produce Restitution help: Collecting Money for a Judgment Restitution help: Garnishment to Pay a Judgment Guide to Garnishment of Periodic Payments MC 12 Request for Writ of Garnishment - Periodic MC 13 Request for Writ of Garnishment - Non-Periodic MC 14 Garnishee Discosure MC 15 Motion for Installment Payments MC 15a Order for Installment Payments MC 16 Motion to Set Aside Order for Installment Payments MC 16a Order to Set Aside Order for Installment Payments MC 48 Final Statement on Garnishment of Periodic Payments MC 49 Objections to Garnishment MC 50 Garnishment Release MC 51 Order on Objections to Garnishment MC 52 Request for Writ of Garnishment - Income Tax Refund/Credit Restitution help: Seizing Property to Pay a Judgment MC 19 Request and Order to Seize Property MC 82 Payment Receipt and Inventory of Seized Property MC 83 Report of Collection Activity Under Order to Seize Property   SCAO Safety Plans Safety Plan (outline) 675 kb ECPA Safety Plan: How To Develop It (brochure) 182 kb ECPA Sexual Assault Capital Area Sexual Assault Response Team (SART) 74 kb MDCH Sparrow Health Systems Sexual Assault Nurse Examiner (SANE) Program 184 kb SHS Stalking Stalking Brochure: "Are You Being Stalked?" 154 kb NCVC Folleto con Información: "¿Alguien que Está Acosando?" [en Español]     410 kb NCVC Stalking Fact Sheet 38 kb NCVC Folleto con Información: "Hechos acerca de Acosando" [en Español]     44 kb NCVC Stalking Victim's Incident Log 334 kb ECPA Stalking Victim's Incident Log 8 kb NCVC DRUGS Crystal Methamphetamine Fast Facts 160 kb USDoJ Methamphetamine Cleanup Resources 46 kb MDCH What is Methamphetamine? 235 kb MDCH What is Methamphetamine? 2 mb MDCH Is There Meth in Your Neighborhood?: Warning Signs to Look For 2 mb MDCH ECONOMIC CRIMES UNIT Bad Checks Stop Bad Check Losses (brochure) 26 kb ECPA Bad Checks: Merchant's Complaint Form 79 kb ECPA Bad Checks: Notice Letter 8 kb ECPA Bad Checks: Warning Sign 13 kb ECPA Identity Theft Identity Theft: What to Do If You're a Victim 154 kb MSP Identity Theft: Victim Assistance Contacts 143 kb MSP Identity Theft: Victim Information 618 kb MSP Identity Theft: Affidavit of Forgery 50 kb MSP Rental Property Rental Property Diversion: Complaint 26 kb ECPA Rental Property Diversion: Landlord's Notice Letter 151 kb ECPA Rental Property Diversion: Diversion Introduction Letter 151 kb ECPA Eletronic Funds Transfer Electronic Funds Transfer Letter 51 kb  ECPA Electronic Funds Transfer Complaint 57 kb  ECPA FAMILY COURT Juvenile Delinquency Cases 156 kb ECPA Child Support Formula   SCAO Child Support Manual (2008) 242 kb SCAO Child Support Manual Supplement (2008) 376 kb SCAO Facts About Michigan's Child Support Formula 41 kb SCAO Understanding Child Support: A Handbook for Parents 161 kb MDHS Michigan Child Support Services and You! 202 kb MDHS Parenting Time Guidelines 859 kb SCAO Petition - Juvenile Delinquency 51 kb SCAO Petition - Abuse/Neglect 84 kb SCAO FOIA Freedom of Information Act (FOIA) 36 kb   FOIA request form 68 kb ECPA PERSONAL PROTECTION ORDERS (PPOs) Eaton County Circuit Court's "A Guide to PPOs" 26 kb Circuit Ct Personal Protection Order (PPO) forms   SCAO Personal Protection Order (PPO) brochure 183 kb MDCH PPO Proof of Service / Oral Notice 18 kb SCAO Petition And Order For Appointment Of Next Friend     ECPA Safety Plans: Safety Plan (outline) Safety Plan: How To Develop It (brochure) ECPA   POLICE Domestic Relationship Incident form (DV-001) 418 kb MSP Domestic Relationship Incident cover letter 422 kb MSP Juvenile Delinquency Complaint form JC01 [with fill-in-the-blank fields] 52 kb SCAO Notice of Intent to Seize & Forfeit Property [with fill-in-the-blank fields] 94 kb ECPA Search Warrant - Use of Drugs 16 kb ECPA Search Warrant - OWI 16 kb ECPA Search Warrant - OWI Crash 20 kb ECPA Request for Return of Property 28 kb ECPA UD-10 Crash Report Manual 6.75 mb MSP Violation of Conditional Bond or PPO 38 kb ECPA Warrant Request / Witness List 130 kb ECPA Weekend & Holiday Fact Sheet 23 kb ECPA MISCELLANEOUS Prosecutor's Notice of Consecutive Sentencing 65 kb ECPA ECPA Objection to Commutation of Roger Ruthruff (December 2009) 290 kb ECPA ECPA Objection to Commutation of Robert Thompson (December 2009) 116 kb ECPA Review of MSP charge request involving Capital Centre Hockey Coach Bowkus for "fighting drills" during team practices (November 2005) 51 kb ECPA Review of circumstances surrounding use of force during arrest of Ronald Zinn (December 2003) 81 kb ECPA Review of Charles Johnson drug investigation and shooting of Charles Parwey (April 2003) 60 kb ECPA LEGEND Circuit Ct Eaton County Circuit Court  CVSC Crime Victim Services Commission  ECFVCC Eaton County Family Violence Coordinating Committee  ECPA Eaton County Prosecuting Attorney MDCH Michigan Department of Community Health  MDHS Michigan Department of Human Services  MDOC Michigan Department of Corrections  MSP Michigan Department of State Police  NCVC National Center for Victims of Crime  SCAO Michigan State Court Administrative Office  SHS Sparrow Health Systems  USDoJ United States Department of Justice        | Eaton County Home | Prosecuting Attorney Home | Office Info | Paperless Files | Press Releases | Site Map | | Victims | Domestic Violence | PPOs | Witnesses | Appeals | Economic Crimes | Family Support | | Criminal Case Process | Downloads | FAQs | Legal Glossary | Gov't & Search Links | Prosecutor Web Site Index |   © 1997-2012 Eaton County Prosecuting Attorney Jeffrey L. Sauter | Disclaimers | Thanks © 1997-2012 Eaton County Information Systems Site developed and maintained by Neil F. O'Brien

 

Criminal Case Process

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UPDATED: February 02, 2009

 

This outline is how a typical criminal case progresses through the criminal justice system in the State of Michigan (USA). If you are in a different state or country, criminal cases may be handled very differently because procedures and terms vary from jurisdiction to jurisdiction. Please consult your local prosecuting authority to learn how your local case would be handled. Crime Committed Police Notified Most reported crimes are investigated by the local police, the county sheriff or the state police. A few types of crime (e.g., criminal non-support, public health related crimes, etc.) may be investigated by other agencies. Police Investigate Investigation may include interviewing victims, witnesses, suspects; collecting physical evidence; visiting, viewing, photographing, measuring the crime scene; identifying suspects through line-ups ... etc. Police Make an Arrest (or Request a Warrant) When a crime is committed in a police officer's presence -- or he has probable cause to believe that certain misdemeanors or any felony was committed that he did not see happen --- an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the Prosecuting Attorney, suggesting potential charges to be authorized. Warrant/Charging Request Reviewed by Prosecuting Attorney Most cases begin with a warrant request. This is generally the first time that the Prosecuting Attorney is involved in a case, unless he reviewed a search warrant or visited the crime scene. At this stage, the Prosecuting Attorney determines whether a person should be charged with a crime and, if so, what the crime should be. (Police do not issue charges, prosecutors do.) The Prosecuting Attorney must thoroughly review all reports and records concerning the case, including witness statements. The Prosecuting Attorney also reviews the suspect's prior criminal and/or traffic record. Occasionally, the reviewing Prosecuting Attorney sends the case back to the police to conduct additional investigation. Complaint Issued The Prosecutor can issue a charge on a Complaint if he reasonably believes that probable cause exists that the suspect committed the offense. But, most Prosecuting Attorneys apply a higher standard -- whether he reasonably believes that he can prove the charge beyond a reasonable doubt at trial with the information known at that time. Warrant Issued The Complaint is filed in the District Court and signed under oath by an officer from the investigating police department. (The crime victim does not sign the complaint.) The magistrate or judge then signs a warrant --- an order to bring the defendant before the court. Suspect Arrested (if not already in custody) The delay between the crime date and the defendant's arrest on an authorized charge can take any length of time (e.g., if the defendant's whereabouts are unknown, or if he/she has left the State of Michigan). District Court Arraignment This is the first court appearance for any misdemeanor or felony. Once charged and arrested, the suspect appears in District Court for arraignment. At arraignment, the defendant is told what the charge(s) is (are) and the maximum penalty if convicted, and is advised of his rights to a jury or bench trial, appointed attorney, presumption of innocence, etc. The charging document is called a Complaint. The conditions and amount of bond are determined. In some cases --- generally based on the nature of the charge --- the Judge imposes conditions on the bond, such as "no contact" with the victim. Bond is set in almost every case, but it is up to the defendant's own resources to post the bail money, which allows him to be released.   All further pre-trial procedures are determined by whether the defendant is charged with a felony or misdemeanor:   Misdemeanor At a misdemeanor arraignment, the defendant enters a plea to the charge: guilty, not guilty, or stand mute (i.e., remain silent, which is treated by the court as if the defendant pled not guilty). If he pleads guilty or no contest, the Judge may sentence him on the spot or may reschedule the case for a sentencing date, which will give the probation department time to prepare a pre-sentence report including background information about the defendant and the crime, make a sentencing recommendation, etc. If the defendant stands mute or pleads not guilty, the case will be scheduled for a pre-trial conference.   Pretrial Conference --- In traffic and non-traffic misdemeanor cases, this is the defendant's second court appearance. It is a scheduled meeting between an Assistant Prosecuting Attorney and the defendant (or his attorney) to determine whether the case will go to trial or be resolved with a plea. These meetings focus on resolving the case short of trial. The Judge and witnesses are not involved in misdemeanor pre-trial conferences. If a plea bargain is going to be offered by the Prosecutor, it is done here.   Pretrial Proceedings --- Many other events can occur prior to trial. Depending on the nature of the case, there may be pre-trial hearings on Constitutional issues (confessions, searches, identification, etc.). The issues are presented to the Court through written "motions" (e.g., Motion to Suppress Evidence, etc.). The judge must determine whether evidence will be admitted or suppressed at the defendant's trial, whether there is some legal reason why the defendant should not be tried, or decide other ground rules for trial.   Felony At a felony arraignment in District Court, the defendant does not plead guilty or not guilty. He is advised of his right to a preliminary examination within 14 days of the arraignment. The court reviews requests for court-appointed attorneys at the arraignment.   Pre-Exam Conference --- In 1998, the Eaton County Prosecuting Attorney and the Eaton County District Court began a new procedure on felony files to add a Monday afternoon "Pre-Exam Conference" for all cases scheduled for Preliminary Examinations in the coming week. The Pre-Exam Conference operates like a misdemeanor pre-trial conference, as a meeting between the Prosecutor and defendant (or his attorney) to see if the case can be resolved without the need to subpoena witnesses for the "Prelim". Since then, the vast majority of cases have been resolved with defendants waiving the Preliminary Examination or pleading guilty in District Court. Only a small percentage of cases require a Preliminary Examination, thus valuable police resources are focused on serving subpoenas for only those few cases, and witnesses are brought to court on only those few cases targeted at the Pre-Exam Conference as likely to need testimony.   Felony Preliminary Examination --- A contested hearing before a District Court Judge, sometimes called a "probable cause hearing". The Prosecutor presents witnesses to convince the Judge that there is probable cause to believe that a crime was committed and that the defendant committed the crime. Because the burden of proof is much less than at a trial, the prosecutor generally does not call all potential witnesses to testify at the "prelim"; generally, the victim and some eye witnesses plus some of the police witnesses testify. The defendant (usually) has an attorney, can cross examine the witnesses, and can present his own evidence (including witnesses). If probable cause is proven, the defendant is "bound over" (i.e., sent to) Circuit Court for trial. If probable cause is not proven, the felony charge can be dismissed or reduced to a misdemeanor for trial in District Court. A defendant can decide not to have a Preliminary Examination. Most felonies arrive in Circuit Court after such a "waiver".   Circuit Court Arraignment --- After the case is sent to Circuit Court, the defendant is again arraigned (given formal notice of the charges against him or her). The charging document is called an Information. He or she is again advised of his/her constitutional rights, and enters a plea to the charge (guilty, not guilty or stand mute).   Pre-Trial Conference --- A Circuit Court meeting between an Assistant Prosecuting Attorney and the defendant's attorney to determine whether the case will go to trial or be resolved with a plea.   Pretrial Proceedings --- As with District Court misdemeanors, the Circuit Court Judge may be asked to resolve pre-trial issues, some of which determine whether the case will continue to a trial, be resolved with a plea, or be dismissed.   Trial (Jury or Bench/Judge) A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence.   Both the defendant and the Prosecutor (representing the People of the State of Michigan) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial". In a jury trial, the jury is the "trier of fact"; in a bench trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.   Here is a general outline of the steps in a jury trial: residents of Eaton County are randomly selected from a Secretary of State list of licensed drivers, and are summoned to the Court as potential jurors; a blind draw selects twelve people from that group in felonies (six in District Court misdemeanors and Family Court jurisdictional trials); the judge, prosecutor and defense attorney question the jurors about their backgrounds and beliefs (see voir dire); the attorneys are permitted a limited number of "peremptory" challenges to various jurors (or an unlimited number of challenges for good cause); after twelve (or six) acceptable jurors remain, the judge administers an oath to the jury and reads basic instructions about the trial process, etc.; the prosecutor gives an opening statement to outline his case and evidence to the jury; the defense may give a similar opening statement, or wait until later in the trial; the prosecutor calls witnesses, which the defense may cross examine; the People close their proofs; the defense may call witnesses, and the prosecutor may cross-examine them; the defense rests; the prosecutor may present "rebuttal" witnesses/evidence to challenge evidence presented by the defendant during his proofs; the prosecutor rests; the prosecutor presents a closing summary to the jury; the defense attorney presents a closing summary to the jury; the prosecutor may present a rebuttal argument to the jury to respond to the defendant's attorney's closing summary; the judge gives the jury detailed legal instructions about the charged crimes, the deliberation process, etc.; the jury deliberates and returns a verdict. Pre-Sentence Investigation and Report If the defendant is convicted by a plea or trial verdict), the court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. The victim is contacted for a recommendation of sentence. The probation officer concludes the report with a recommended sentence. Sentence Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge's discretion within the maximum penalties enacted by the legislature. The judge will consider the information in the pre-sentence report before determining the sentence. The parties may correct factual errors in the pre-sentence report and offer additional evidence relevant to the judge's sentencing decision. For certain felony crimes, the judge will consult the "sentencing guidelines" (established by the Michigan Legislature and Supreme Court to frame an appropriate sentence throughout the state, considering factors of the crime and the defendant's criminal background) to determine the minimum jail/prison sentence. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to pay restitution to any victims who have suffered financial harm. Appeals Appeals from the District Court are heard in the Circuit Court. Appeals from a Circuit Court or Probate Court order are heard in the Michigan Court of Appeals. Appeals from Court of Appeals decisions are heard in the Michigan Supreme Court.   There are three kinds of appeals: (1) interlocutory, (2) of right, and (3) by leave. Interlocutory appeal: when a party tries to appeal a judge's decision before the case has come to trial or before a trial is finished. Appeal of right: after a final order has been entered by the trial court (either a sentencing order, or an order dismissing the charge). The Michigan Constitution has eliminated most appeals of right when a defendant pleads guilty. Most appeals of right now focus on the sentence imposed. Appeal by leave of the court: when an appeal of right is not available (e.g., because an available appeal of right was not filed on time). The appellate court has the discretion to reject the appeal or can "grant leave". If the appellate court grants leave to appeal, the defendant and prosecutor file briefs that summarize the case facts, frame the legal issues to be decided, and present persuasive written arguments (supported by constitutional, statutory or prior case decision authority). Either party can request that the case be scheduled before the appellate court judges for oral argument. The appellate court will eventually issue a written opinion (or several opinions, if the justices disagree). Not all appellate opinions are "published" (i.e., printed in official "reporter" services, such as Michigan Reporter or Michigan Appellate Reporter). The legal analysis and conclusions in published opinions are given greater precedential authority than "unpublished" opinions.   | Eaton County Home | Prosecuting Attorney Home | Office Info | Paperless Files | Press Releases | Site Map | | Victims | Domestic Violence | PPOs | Witnesses | Appeals | Economic Crimes | Family Support | | Criminal Case Process | Downloads | FAQs | Legal Glossary | Gov't & Search Links | Prosecutor Web Site Index |   © 1997-2012 Eaton County Prosecuting Attorney Jeffrey L. Sauter | Disclaimers | Thanks © 1997-2012 Eaton County Information Systems Site developed and maintained by Neil F. O'Brien

 

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