What is circuit court? The circuit court is the trial court with the broadest powers in Michigan. In general, the circuit court handles all civil cases with claims of more than $25,000 and all criminal cases where the defendant could be sent to prison. The family division of circuit court handles all divorce, paternity, family support, juvenile delinquency, child abuse and neglect, personal protection, emancipation, name changes, safe delivery of newborn, adoption, and parental waiver cases. In addition, the circuit court hears cases appealed from another court or by an administrative agency.

The Friend of the Court office is a division of the circuit court and handles domestic cases where minor children are involved.

There are 57 circuit courts in Michigan. Circuit court judges are elected for 6-year terms.

What is district court? The court that most people have contact with is the district court. The district court handles most traffic violations. The district court also hears both criminal and civil cases including small claims and landlord-tenant disputes. Civil disputes seeking money damages cannot exceed $25,000 in district court.

All criminal cases, for persons 17 years or older, are started in the district court. The district court 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 defendant is charged with a misdemeanor that is punishable by not more than one year in jail, the district court will conduct a trial and sentence the defendant if found guilty. In felony cases (cases that are punishable by more than one year in prison) the district court will set the bail amount and hold a preliminary examination to determine if a crime was committed and if there is probable cause to believe the defendant committed the crime. If so, the case is transferred to the circuit court for trial.

There are approximately 100 district courts in Michigan. District court judges are elected for 6-year terms.

What is small claims court? When you are suing someone for $3,000 or less, your case can be heard in the small claims division of the district court. Your case may be heard by a judge or an attorney magistrate.

In small claims cases, the parties represent themselves. You cannot have an attorney present your case. In addition, the judge's decision is final and cannot be appealed. If either party objects to these conditions, the case will be transferred to the district court for a hearing. However, if the case is heard by an attorney magistrate, the decision may be appealed to the district judge for a new hearing.

If you are the one filing the case, you are called the plaintiff, and the person or business you are suing is called the defendant. Small claims cases should be filed either where the cause of action arose or where the defendant resides or is employed.

To start the case, the plaintiff must file an "affidavit and claim form" with the clerk of the district court. This form is available from the court.

The cost of filing your lawsuit in Small Claims court is $17 for claims up to $600, and $32 for claims from $600 to $3,000. The plaintiff is responsible for paying the filing fee and other fees. If the judge rules in favor of the plaintiff, the fees may be added to the judgment against the defendant.

The defendant can request that a small claims case be removed to the regular civil division. If that occurs, all parties may have attorneys. Processing of the case then follows the pattern of a regular civil case and the decision may be appealed to the circuit court.

It is important to realize that if a money judgment is ordered by the judge, the defendant might not automatically pay the money and court costs to the plaintiff. You may have to take additional steps to obtain your money. One of the ways to collect is to garnish the defendant's wages or bank account.

Many courts are offering mediation as an alternative to filing a small claims case. You may want to contact the small claims clerk to see if a mediation program is available in your community.

What is the court of claims? The Court of Claims is part of the 30th Circuit Court and is located in Ingham County. The Court of Claims is a specialized court and handles only claims over $1,000 filed against the State of Michigan or one of its departments. Claims for less than $1,000 should be filed with the State Administrative Board.

The court of claims may combine similar cases together and conduct one hearing for all such cases.

There is a fee for filing a case with the Court of Claims. All trials heard by the court of claims are heard by a judge, not a jury.

What is the friend of the court office? This describes the duties of the friend of the court office in general terms. If you have an existing case with the friend of the court, and you want specific case information, please call the friend of the court office. However, many friend of the court offices have specific procedures about releasing information over the phone. You may have to write to the friend of the court or make an appointment with the office to receive the information that you want. You may also want to review Michigan Court Rule 3.218 to determine what information is available to you.

The friend of the court office is a part of the family division of the circuit court, and there is at least one office for each circuit court in the state. Generally, the friend of the court's involvement in cases is limited to the areas of child custody, parenting time, and support (including spousal support).

The friend of the court is required to perform certain duties as required by the law. The following examples of some of those mandated duties:

investigate and make recommendations on child custody, parenting time and support to the circuit court judge;

initiate enforcement of the court's orders regarding custody, parenting time, and support;

initiate enforcement proceedings upon receiving a written complaint that contains specific facts of an alleged violation of a parenting time or custody order;

assist a party in preparing a written complaint regarding parenting time if requested.

If child support payments are late or overdue, the friend of the court will initiate enforcement action. The most common method of collecting support is through automatic income withholding where support payments are deducted directly from the paycheck or other source of income of the support payer. Other methods of support enforcement include taking a payer's federal and state income tax refund; supplying arrearage information to credit reporting agencies; suspending driver's, occupational, sporting, and recreational licenses; and petitioning for an order to show cause requiring the payer to appear in court for nonpayment.

The friend of the court is to provide either directly or by contract, domestic relations mediation to assist the parties in settling voluntarily any dispute concerning child custody or parenting time.

The friend of the court is required by law to charge a yearly fee which is to be paid by the person ordered to pay child support.

What is probate court? The probate court handles wills, administers estates and trusts, appoints guardians and conservators, and orders treatment for mentally ill and developmentally disabled persons.

There are 79 probate courts in Michigan; probate judges are elected for 6-year terms.

What is the Supreme Court? The Supreme Court is the highest court in the state, hearing cases appealed to it from other Michigan courts. Cases are appealed to the Supreme Court by filing an application for "leave to appeal." The Supreme Court has the authority to grant or deny any application. This means if an application is granted, the Supreme Court will hear the case; if denied, the decision made by the lower court remains unchanged. The Supreme Court usually selects cases involving important constitutional issues and questions of public policy.

In addition to its judicial duties, the Supreme Court is responsible for the general administrative supervision of all courts in the state. The Supreme Court also establishes rules for practice and procedure in all Michigan courts.

The Supreme Court consists of seven justices; the chief justice and six associate justices. The justices are elected to serve 8-year terms. Every two years the justices vote to elect the chief justice.

What is the Court of Appeals? The Court of Appeals is an "intermediate" appellate court between the Supreme Court and the Michigan trial courts. Final decisions resulting from a circuit or probate court hearing may be appealed to the Court of Appeals.

The Court of Appeals judges are elected for 6-year terms. Court of Appeals hearings are held in Detroit, Grand Rapids, Lansing and Marquette. Hearings are held before a panel of three Court of Appeals judges and at least two of the three judges must agree on the ruling. The panels are frequently rotated so that a variety of judicial opinions are considered. The decision of the panel is final except for those cases which the Supreme Court reviews.

What is bankruptcy court? Bankruptcy cases are handled in the federal district court, not the state district court. The location of the federal district court nearest you can be found in the yellow pages of your phone book under the United State Government-Courts.

WHAT YOU SHOULD KNOW ABOUT JURY DUTY IN MICHIGAN:

What are my obligations regarding jury duty? A juror is a person who has been selected for jury duty. A jury is a group of individuals randomly selected from the community, sworn in by the court, and asked to deliver a decision in a court proceeding. Jurors are an important part of the legal system.

Individuals called for jury duty are randomly selected using driver license and personal identification cardholder lists provided by the Secretary of State. If you have been selected, read the juror summons or notice carefully. It will explain where and when you must appear.

You must respond to the jury summons. Individuals who are exempt from serving on a jury are:

1. individuals who are not citizens of the United States;
2. individuals who no longer live in the city or county which issued the summons;
3. individuals who do not speak or understand the English language;
4. individuals with a physical or mental disability that would prevent them from serving;
5. individuals over the age of 70 who do not want to serve on a jury;
6. individuals who have served as a juror during the past 12 months; and
7. individuals who are under sentence for a felony

What are my rights as a crime victim? If you have been a victim of a violent crime or injury, you have several rights. First, you have the right to be told when the accused will be in court. Second, you have the right to make comments in person or in writing about how the crime has affected you and what you think the sentence should include. Third, you have the right to be told if the accused is in a juvenile facility, jail, or prison, and if convicted, when the person becomes eligible for parole or release. Finally, you have the right to be paid money for financial loss or injuries.

If the crime was committed by a minor, you can ask the court for restitution. Restitution is payment for stolen items, destroyed property, or other damages resulting from the crime. However, the court recognizes the limited earnings available to a minor, and may require the minor to perform community service instead of restitution.

The Crime Victim's Compensation Board investigates victim's claims and provides compensation for losses resulting from physical injury.

For more information, you should contact the prosecutor's office where the crime occurred.

Where do I obtain court forms? Most court actions require a specific form to be filed with the court. Printers generally sell individual forms while publishers print all court forms in one book.

Certain forms must be provided to the public by the court and some state agencies. Some of these forms are used in landlord-tenant actions, small claims actions, motions for post-conviction relief, proceedings to waive parental consent for abortion, and requests for changes in support and visitation orders in divorce actions. There may be a fee for these forms. Some courts and state agencies provide other forms at a small cost. Contact the court or specific state agency in your area to see if this service is provided.

Court forms are only tools to assist in the processing of a court case. The forms do not guide you through the court process. If you do not have an attorney, you will need to understand the laws pertaining to your type of case.

Who is entitled to a court-appointed attorney? If you are involved in a court action other than a small claims case, you have the right to an attorney. In some court actions, the court may appoint a lawyer to represent an individual at no cost.

In criminal cases, a defendant who is unable to afford an attorney has the right to court appointed counsel if:

1) the offense charged requires on conviction a minimum term in jail; or

2) the court determines that it might sentence the defendant to jail.

The court will appoint a lawyer in all cases involving a mentally ill or developmentally disabled person.

The court will appoint a lawyer-guardian ad litem for all children who are the subject of a child protective services petition.

In all guardianship and conservatorship cases, the court will appoint a guardian ad litem. A guardian ad litem, is a person appointed to protect the interests of an infant, an incompetent adult, or a missing person who is involved in a court case.

The court will appointed an attorney to represent a juvenile if:

1. a parent refuses to appear and participate in delinquency proceedings;
2. the parent is the complainant or victim;
3. the family is financially unable to retain an attorney; and
4. the juvenile does not waive the right to an attorney or the court determines it is in the best interest of the juvenile and the public to require appointment.

You may want to ask the court if you qualify for a court appointed attorney, or a guardian ad litem. You may be required to repay the court for a court appointed attorney.

How do I find an attorney? If you do not have a lawyer, consult the local telephone book for a Lawyer Referral Service number or a complete list of lawyers in the yellow pages under Attorneys. The statewide lawyer referral number is (800) 968-0738.

In addition, some employers provide a legal plan as part of their employee benefits. Check with your employer to see if this benefit is available.

How do I report child abuse and neglect? If you believe that a child is in danger of physical injury or is living in a seriously damaging home environment, call the Family Independence Agency or any police agency. Reports made to the Family Independence Agency are confidential.

Usually within 24 hours of the call, the Family Independence Agency or police agency will begin an investigation. If either of these agencies feel that a child has been abused or neglected, they may file a petition with the family division of the circuit court. A petition alleging child abuse or neglect may result in the removal of the child from his or her parents or legal guardians. The parents or legal guardian may be required to participate in child abuse or neglect programs. Sometimes, the court may terminate the rights of the parents or legal guardian and place the child for adoption.

Medical or physical health care providers, social workers, teachers and law enforcement personnel are required by law to report all suspected child abuse and neglect cases. These individuals must submit a report to the Family Independence Agency.

What is a power of attorney? Power of attorney is a document giving someone else the power to act on your behalf for a specified period of time or for a specific task. If you are a parent and are going to be away for a period of time, you can give someone power of attorney regarding the care and custody of your children. A power of attorney may also be given to a business manager or agent to handle your financial and business dealings. Power of attorney arrangements are usually established for a limited period of time.

Another type of power of attorney is called a patient advocate designation. A patient advocate designation allows you to select an individual to make medical decisions for you if you become incapacitated in the future. A number of examples of patient advocate forms are available on the internet by searching the term "Michigan Patient Advocate".

WHAT YOU SHOULD KNOW ABOUT CIVIL CASES:

What is a civil case? Generally, a civil case is filed because of a disagreement between two people, businesses or organizations. The disagreement usually involves one person believing that he or she has been hurt, had their rights violated or property damaged by another person. A civil case is not a criminal case.

If you are the one starting the case, you are called the plaintiff, and the person or business you are suing is called the defendant. In most civil cases, the plaintiff is asking for a specific amount of money to be paid by the defendant.

However, in some civil cases, the plaintiff may be asking the court to tell the defendant to stop some behavior or to do a specific thing. The plaintiff is responsible for paying the filing fees, and most other required fees such as service fees.

The district court will handle the case if the claim is for $25,000 or less. The case can be filed in the district court where the incident occurred, or in the district court where the defendant lives. The filing fee varies with the amount of the claim.

If the amount of the claim is more than $25,000, the circuit court will handle the case. The case can be filed in the circuit court where the incident occurred, or in the circuit court in the county where the defendant lives.

For disputes involving amounts of $3,000 or less, the plaintiff can elect to file the case with the small claims division of the district court. The defendant can agree to have the case remain in small claims or can request the case be removed to the regular civil division.

In civil cases, both the plaintiff and the defendant may be represented by an attorney, unless the case is filed as a small claims case.

What is small claims court? When you are suing someone for $3,000 or less, your case can be heard in the small claims division of the district court. Your case may be heard by a judge or an attorney magistrate.

In small claims cases, the parties represent themselves. You cannot have an attorney present your case. In addition, the judge's decision is final and cannot be appealed. If either party objects to these conditions, the case will be transferred to the district court for a hearing. However, if the case is heard by an attorney magistrate, the decision may be appealed to the district judge for a new hearing.

If you are the one filing the case, you are called the plaintiff, and the person or business you are suing is called the defendant. Small claims cases should be filed either where the cause of action arose or where the defendant resides or is employed.

The cost of filing your lawsuit in Small Claims court is $17.00 for claims up to $600, and $32.00 for claims from $600 to $3,000. The plaintiff is responsible for paying the filing fee and other fees. If the judge rules in favor of the plaintiff, the fees may be added to the judgment against the defendant.

The defendant can request that a small claims case be removed to the regular civil division. If that occurs, all parties may have attorneys. Processing of the case then follows the pattern of a regular civil case and the decision may be appealed to the circuit court.

It is important to realize that if a money judgment is ordered by the judge, the defendant might not automatically pay the money and court costs to the plaintiff. You may have to take additional steps to obtain your money. One of the ways to collect is to garnish the defendant's wages or bank account. Garnishments are addressed elsewhere on this page.

Many courts are offering mediation as an alternative to filing a small claims case. You may want to contact the small claims clerk to see if a mediation program is available in your community.

What should I know about landlord-tenant disputes? If you are renting a home, apartment, mobile home, or some other building from someone, you are a tenant. A landlord is the person who is renting the home, apartment, mobile home, or some building to you. Both the tenant and the landlord have legal rights.

A tenant can be evicted from the property for a variety of reasons. Some common reasons are failure to pay rent, destruction of property and refusal to follow rules and regulations.

The cost of filing your lawsuit is $32.00. In addition, if you are seeking money damages, $17.00 for claims up to $600, $32.00 for claims from $600 to $1,750, $52.00 for claims over $1.750 to $10,000, and $100.00 for claims over $10,000 to $25,000 is required. The plaintiff is responsible for paying the filing fee and other fees. If the judge rules in favor of the plaintiff, the fees may be added to the judgment against the defendant.

If the tenant fails to appear at the court hearing and answer the complaint, a default judgment for possession of the property and money judgment may be entered. Ten days after the default judgment has been entered, the landlord may obtain a document called an order of eviction. This authorizes the landlord to evict the tenant and remove the tenant's belongings from the rental property.

A tenant who disagrees with the eviction notice may request a trial. If a jury trial is requested, the court may require the tenant to deposit future rent payments into an escrow account until the case is settled.

A tenant may claim that rent is not being paid because the property is unlivable or in need of repair. This is called a constructive eviction. In these cases, the court may reduce the amount of rent owed or require the landlord to make some repairs.

Generally, the person who signs a lease agreement is responsible for making the rent payments. If you sign a lease with someone else as joint tenants, and the other person refuses to pay his or her share, you may be held accountable for the entire amount. Likewise, if you sublet your rental property to someone else, you are still responsible for all rent payments.

If a tenant moves out before the lease expires, the landlord can file a complaint with the district court to collect the payments remaining in the lease period. The landlord must try to re-rent the premises. This is called mitigation of damages.

A tenant can file a complaint with the district court if his or her damage deposit is not refunded or if he or she disagree with any charges made by the landlord against the deposit.

For damage deposits less than $3,000, you may file a claim in small claims division of the district court. If the damage deposit is between $3,000 and $25,000, you may file a claim in the general civil division of the district court.

For further assistance regarding landlord and tenant rights, contact an attorney or a legal aid society, or mediation center.

How do I collect a garnishment? If you have received a money judgment against another person as a result of a lawsuit, and the time allowed by the court for payment has passed without receiving the full judgment amount, you can ask the court for a garnishment as a method of collecting the money. Garnishment is a procedure to collect money from the other person's wages, property or bank accounts.

If you begin the garnishment proceeding, you are called the plaintiff. The person who owes you money is called the defendant. The bank, employer or other third party who has control over the principal defendant's assets is called the garnishee.

The most common type of garnishment is called an income withholding. In an income withholding, money from the defendant's paycheck is withheld by the employer and sent to the plaintiff. Each garnishment lasts for 90 days. After expiration a new garnishment must be filed. This process continues until the judgment has been paid in full. Other sources of income that can be garnished are bank accounts and money obtained from the sale of property or other assets.

As the plaintiff, you must file a form called an "Affidavit and Writ of Garnishment" with the court that granted the original judgment. Once the court has signed the Affidavit and Writ of Garnishment, the plaintiff is responsible for serving these documents on the garnishee. Copies of the writ and a disclosure form must also be provided to the defendant. The plaintiff is responsible for paying the filing fee of $15.00 and service and disclosure fees.

After receiving these documents, the garnishee must complete and file the disclosure form with the court. The disclosure form states what money, property, or other assets they have which belong to the principal defendant. Copies of the completed forms must also be sent to the plaintiff and the defendant. Some money and assets cannot be garnished by law.

How do I respond to a garnishment? If there is a legal judgment for you to pay another person money damages, and you have not paid as ordered, the court may order your employer or someone who owes you money or has control over your assets to pay your debt. This is called a garnishment proceeding.

The person who starts the garnishment proceeding is called the plaintiff. The person who owes the debt is called the defendant. An employer, bank or someone else who has control over the principal defendant's assets is called the garnishee.

If you believe the garnishment is improper, you may file objections to the garnishment with the court within 14 days of the date of service of the writ on the defendant. Objections may be filed after the time provided, but they do not suspend payment unless ordered by the court. Objections may not be used to challenge the validity of the judgment previously entered.

If you have already paid the debt, you should show the court which issued the order your proof of payment. If you have not paid the debt, you can make other arrangements for payment, such as installment payments. Read the forms carefully, and if you have other questions, contact the court or an attorney for more information. The garnishment should expire when the debt is paid, or after 90 days. Once expired, a new garnishment may be filed if the debt has not been paid in full.

You should keep careful records of all payments made.

How does one file for divorce? The family division of circuit court handles all divorce cases in Michigan. If you want to file for a divorce, one of the parties must have lived in Michigan for at least 180 days, and in the county where the case will be filed for at least 10 days before filing. The person who starts the divorce action is called the plaintiff. The plaintiff must file a complaint asking the court to grant a divorce. There is a filing fee for this action. The filing fee may be more if there are children of the marriage who are under the age of 18 because of services provided by the friend of the court to conduct an evaluation and medation and to make recommendations to the court.

If there are no children under the age of 18, there is a 60 day waiting period before a divorce can be granted. In cases where there are minor children, the waiting period is generally six months.

Before a divorce is granted, the court must find that there has been a breakdown in the marriage relationship to the extent that the parties cannot live together as husband and wife. At least one of the parties must appear in court to show that this breakdown exists. In Michigan, a divorce can be granted even if one of the parties does not want the divorce.

You do not need an attorney to represent you in a divorce case, but you will be expected follow all the laws, court rules and procedures. A list of attorneys who practice divorce law can be obtained from the bar association in your local area.

Besides ending the marriage, a divorce will divide the belongings and debts accumulated during the marriage and decide whether spouse support (formerly know as alimony) is required. The term spouse support refers to the amount of money the court feels one party should pay to support the other party. In divorce cases where there are children who are under the age of 18, the divorce judgement will address child custody, support (including health care coverage), and parenting time. Divorce cases where there are minor children involved may be referred to the friend of the court office for evaluation and recommendations.

WHAT YOU SHOULD KNOW ABOUT CRIMINAL TRIALS IN MICHIGAN

What is a criminal case? 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.

What happens if you are arrested? A person, called a defendant, who is arrested for breaking a criminal law, is held by the police or sheriff until a bond is set or an arraignment takes place. An arraignment is the initial step of the court process. The arraignment is held before a district court judge or magistrate. During the arraignment the defendant is formally charged with an offense, told his or her constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty. If bond was not previously set, it will be set at arraignment and a date for the next hearing will be scheduled.

The court may appoint an attorney to represent the defendant if the defendant is unable to afford an attorney. In criminal case,s a defendant who is unable to afford an attorney has the right to court appointed counsel if the offense charge requires on conviction a minimum term in jail or the court determines that it might sentence the defendant to jail. Defendants should ask the court if they qualify for court appointed counsel.

The arresting police department will know where and when the arraignment will take place.

How are crimes classified? Crimes are classified as misdemeanors or felonies.

Most misdemeanors are punishable by no more than one year in jail and are heard primarily by the district court nearest to where the crime took place. Vandalism, shop lifting, disorderly conduct, trespassing, prostitution, and drunk driving, if it is a first or second offense, are all examples of misdemeanor crimes.

All criminal cases begin in the district court. For offenses with a possible jail penalty of more than 1 year, the district court will conduct a hearing called a preliminary examination. If the district judge determines there is enough evidence, the case will be transferred to circuit court for trial. If you are convicted of a felony you could be sentenced from one year to life in prison and/ or pay a fine of more than $500. Homicide, arson, rape, robbery and burglary are examples of felony crimes.

What are the four types of bonds? A person, called a defendant, who is arrested for breaking a criminal law, may be held until bond is set or an arraignment is held by a judge or magistrate. A bond is a promise that the defendant will appear in court when required and will refrain from any activity the judge or magistrates orders.

The four types of bonds are: a personal recognizance bond, a cash bond, a ten-percent bond and a surety bond.

When the court sets a personal recognizance bond, the defendant is released after making a promise to return to court when required. No money is paid.

A cash bond is a money guarantee that the defendant will return to court when required. When a cash bond is set, the defendant must pay the full bond amount to the court before being released from jail.

Another type of bond is a ten-percent bond. In this bond, the court will accept payment of ten percent of the total bond as a guarantee that the defendant will appear as required. If the defendant does not appear, the court will require payment of the remaining ninety percent.

The last type of bond is a surety bond. A surety bond is a promise made by an approved bondsman that the defendant will appear as required. A bondsman must prove to the court that he or she has sufficient financial resources to pay the bond amount if the defendant does not appear as required.

Money or property that is posted for a bond might not be returned when the case is over. The court may apply cash and ten percent bond monies posted by the defendant to any outstanding court fines, costs, or fees.

Regardless of the type of bond, if the defendant does not return to court as promised, the court will issue an arrest warrant and the bond money will forfeited. In addition, the defendant may be held responsible for paying the remaining unpaid bond amount.

What is the difference between probation and parole? If you are over the age of 17 and have been convicted of an offense, your sentence may include probation. Probation allows you to live in the community as long as you follow certain rules set by the court. If any of the rules are violated, a warrant for your arrest may be issued and the judge may re-sentence you. As an example of a probationary sentence, the judge may decide that so long as you are not arrested again, and regularly meet with your probation officer, you may not have to serve a jail or prison sentence.

Parole is a conditional release from prison. You may be released from prison before the original term has been completed and serve the remainder of your term in the community. The court will set conditions which you must follow, or you may be returned to prison.

Who is entitled to a court-appointed attorney? If you are involved in a court action other than a small claims case, you have the right to an attorney. In some court actions, the court may appoint a lawyer to represent an individual at no cost.

In criminal cases, a defendant who is unable to afford an attorney has the right to court appointed counsel if:

1) the offense charged requires on conviction a minimum term in jail; or

2) the court determines that it might sentence the defendant to jail.

The court will appoint a lawyer in all cases involving a mentally ill or developmentally disabled person.

The court will appoint a lawyer-guardian ad litem for all children who are the subject of a child protective services petition.

In all guardianship and conservatorship cases, the court will appoint a guardian ad litem. A guardian ad litem, is a person appointed to protect the interests of an infant, an incompetent adult, or a missing person who is involved in a court case.

The court will appointed an attorney to represent a juvenile if: 1) a parent refuses to appear and participate in delinquency proceedings; 2) the parent is the complainant or victim; 3) the family is financially unable to retain an attorney; and 4) the juvenile does not waive the right to an attorney or the court determines it is in the best interest of the juvenile and the public to require appointment.

You may want to ask the court if you qualify for a court appointed attorney, or a guardian ad litem. You may be required to repay the court for a court appointed attorney.

How do I obtain a personal protection order? A personal protection order, sometimes called a PPO, is an order issued by the court which protects you from harassment, assault, beating, molesting, wounding, or stalking by another person. This is a civil case, not a criminal case.

To file for a PPO you will need to provide the court with details about why you are requesting the order. If you have copies of police reports, hospital records or other official information you should provide this information for the court to review. You will also need to have information about the defendant including address and physical description. If you are divorced or separated you will need a copy of your orders. You will also need copies of custody orders if your children are involved. If you are in immediate danger you should ask the court for an ex parte order.

You may want to also bring notarized, written statements from witnesses, and copies of supporting documents from law enforcement, social agencies, doctors, or hospitals.

How are juvenile delinquency cases processed? If you are under the age of 17 and have been accused of doing something that would be a crime if done by an adult, you may be brought before the family division of the circuit court.

The juvenile will be notified to appear in the family division for a preliminary inquiry or a preliminary hearing. At the preliminary inquiry or hearing, the court will determine, based on probable cause, whether to go forward with the matter. If the case is not dismissed or diverted, filing of the petition will be authorized and an opportunity will be given to admit or deny the offense or the next hearing (trial) will be scheduled.

In serious cases involving juveniles who are 14 years of age or older, the case may be waived to the criminal division of the circuit court where the delinquent will be tried as an adult. A juvenile may also be designated to be tried as an adult in the family division of the circuit court.

The court will appoint an attorney to represent a juvenile if:

1. a parent refuses to appear and participate in delinquency proceedings;
2. the parent is the complainant or victim;
3. the family is financially unable to retain an attorney; and
4. the juvenile does not waive the right to an attorney or the court determines it is in the best interest of the juvenile and the public to require appointment.

Juveniles who are held in custody are usually placed in a juvenile detention center. If the juvenile is held in an adult jail, he or she must be kept separate from adult prisoners. Juveniles have the right to a trial by a judge or a jury.

WHAT YOU SHOULD KNOW ABOUT THE PROSECUTION OF TRAFFIC OFFENSES IN MICHIGAN

What is a traffic case? If you violate the Michigan Vehicle Code or an equivalent local ordinance, and are issued a ticket by a police officer, you may be subject to fines, costs, and other assessments as well as points on your driving record. If the violation is for a misdemeanor traffic offense, the penalty may include a jail sentence. Tickets may be disputed in a court hearing or trial.

What should I know about traffic tickets and civil infractions? If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear and what your rights are.

Most traffic violations are heard by district judges or magistrates in the district court located closest to where the incident occurred.

The penalty for a traffic civil infraction is payment of fines, costs, and fees. Points may be added to the driving record. A person cannot be sent to jail for a civil infraction unless found in contempt of court.

If you have received a civil infraction traffic ticket, you may respond in three ways.

First, you can admit responsibility for the violation and pay the amount indicated on the ticket or by the court.

Second, you may ask the court for an informal hearing where you and the police officer can explain to the judge or magistrate what happened. Attorneys are not allowed at informal hearings.

Third, you may ask for a formal hearing where the prosecutor will have to show that traffic laws were violated. You may hire an attorney to represent you at a formal hearing.

If you do not respond in one of these three ways, a default judgment will be issued, the court will notify the Secretary of State which may add points to your driving record, and your driver's license will eventually be suspended. Additional costs and assessments are incurred for failure to pay or failure to respond to the ticket.

What should I know about adult traffic misdemeanors? If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear, and what your rights are.

Most hearings regarding traffic violations are heard by district judges or magistrates in the district court located closest to where the incident occurred.

If you have received a misdemeanor traffic ticket and are 17 years of age or older, you must appear in the district court where the violation occurred for an arraignment. An arraignment is the initial step where you are formally charged with the offense, informed of your rights, and are asked to plead guilty or not guilty. If you fail to appear for the arraignment, a warrant for your arrest may be issued and your driver's license may be suspended.

If you are convicted of a traffic misdemeanor, you may be required to pay a fine and costs. Points will be added to your driving record by the Secretary of State, and some convictions may result in jail sentences. If a hearing is required, you may be represented by an attorney and have a right to a trial by a judge or jury. The prosecutor or city attorney must prove that you are guilty.

You may want to talk to an attorney prior to your hearing.

What should I know as a minor about traffic misdemeanors? If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear, and what your rights are.

If you are under the age of 17, and have received a misdemeanor traffic ticket, you may appear at the family division of circuit court. You will be notified to appear for an preliminary inquiry or a preliminary hearing. At the preliminary hearing, you will plead guilty or not guilty, and be notified of the next hearing date. Your parents or legal guardian should be present during all proceedings.

If you fail to appear for the hearing, an order may be issued to the police to bring you to court.

If you are found responsible for a traffic misdemeanor, you may be put on probation, be sent to a driver improvement course, and points will be added to your driving record. If a hearing is required, you may be represented by an attorney and have a right to a trial by a judge or jury. The prosecutor must prove that you are guilty.

You may want to talk to an attorney prior to your hearing.

What offenses are involved in drunk driving violations? If you have been stopped for drinking and driving, you may be charged with one of four misdemeanor offenses. First - an OUIL which stands for Operating Under the Influence, second - a UBAC which stands for operating with an Unlawful Blood Alcohol Content, third - an OWI which stands for Operating While Impaired, or fourth - a Zero Tolerance which applies to persons under 21 years of age. There are also felony offenses involving drunk driving, including OUIL or OWI causing death or serious injury, and child endangerment.

In all drunk driving offenses, you have the right to an attorney and to a trial by a judge or jury. If you have been previously convicted of a drunk driving offense, the penalty may be increased.

Anyone convicted of the first three of these charges will automatically lose his or her drivers license for a period of time and have at least six points added to his or her driving record by the Secretary of State. If you are eligible, the Secretary of State will issue a restricted driver's license allowing you to drive only for certain reasons such as going to work or school.

Anyone convicted of a drinking and driving offense may be sentenced to jail, ordered to pay fines and costs, required to do community service, be put on probation, and ordered to attend an alcohol education or treatment program. Your car insurance coverage and rates may be affected if convicted.

If you are a Michigan resident and are arrested for drinking and driving, the law enforcement officer will take and destroy your driver's license. The officer will provide you with a temporary Michigan driving permit until your case is resolved.

If you are stopped for drunk driving by a law enforcement officer, you may be asked to take a breath test while on the road. This breath test is called a PBT or a preliminary breath test. If you refuse to take the PBT, a civil infraction ticket may be issued for refusing to take the breath test.

You will be taken to a police department to take a breathalyzer test. If you refuse, your drivers license will be suspended for a minimum of six months and six points will be added to your driving record.

A drunk driving conviction has many consequences. You may want to talk to an attorney before the first court hearing.

How do I obtain a restricted driver's license? If you are eligible for a restricted driver license, you will be notified by the Secretary of State.

How are points assessed to my driving record? Points are added to your driving record if you are found responsible for most civil infractions or if you are found guilty for most traffic misdemeanors. Points are added by the Secretary of State as required by law. The court does not assign points and cannot dismiss or waive them.

Points remain on a driver's record for two years from the date of the finding of responsibility or conviction, and the offense appears on the driving record for seven to ten years depending upon the type of offense. Convictions and accidents may also affect car insurance rates.

If a person gets too many points, the Secretary of State may put the driver on probation or suspend his or her license.

If you want to find out the number of points on your driving record, call 517/322-1460. You cannot obtain this information about another person's driving record.

If you want to obtain a copy of your driving record, contact your local Secretary of State. There may be a charge for this service and it may take up to four weeks. If you are in the Lansing area, you can obtain a copy of your driving record at the Secretary of State office located at 7064 Crowner Drive, Lansing, Michigan.

What is district court? The court that most people have contact with is the district court. The district court handles most traffic violations. The district court also hears both criminal and civil cases including small claims and landlord-tenant disputes. Civil disputes seeking money damages cannot exceed $25,000 in district court.

All criminal cases, for persons 17 years or older, are started in the district court. The district court 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 defendant is charged with a misdemeanor that is punishable by not more than one year in jail, the district court will conduct a trial and sentence the defendant if found guilty. In felony cases (cases that are punishable by more than one year in prison) the district court will set the bail amount, hold a preliminary examination to determine if a crime was committed, and if there is probable cause to believe the defendant committed the crime. If so, the case is transferred to the circuit court for trial.

District courts hear civil cases with claims of $25,000 or less. Examples of civil cases are traffic civil infractions, landlord and tenant disputes, land contracts and forfeiture cases. Civil cases with claims of less than $3,000 may be heard by the small claims division of the district court.

WHAT YOU SHOULD KNOW ABOUT JUVENILE JUSTICE IN MICHIGAN

What are status offenses? The family division of circuit court handles cases involving minors under the age of 17 who repeatedly refuse to obey parents, do not attend school or run away from home. These offenses are called status offenses. Status offense violations can only be committed by a minor, not an adult.

What is emancipation? A minor who is at least 16 years of age may ask the family division of the circuit court to be freed from the supervision and control of his or her parents. This is called emancipation. Once an emancipation order is granted, the minor will have many of the rights and responsibilities an adult has. An emancipated minor, however, will not automatically be entitled to do certain things such as vote or legally drink alcoholic beverages. Age requirements established by law for certain acts are still enforced.

To obtain an emancipation order, the minor must file a petition requesting emancipation with the family division of the circuit court. At the hearing, the minor must prove that he or she can be self-supporting without relying on public assistance. If the minor's legal parents object to the emancipation, the minor must prove that he or she is not receiving any parental support.

What is the process for obtaining a parental consent waiver? If you are under 18 years old and want to have an abortion without the consent of your parents or legal guardian, you can request a parental consent waiver from the family division of the circuit court. Information and forms for this procedure are available from any family division.

A hearing will be held before a judge of the family division. At the hearing the judge will decide if you are mature and well-enough informed to make a decision regarding an abortion without your parents' assistance, or whether it is in your best interest to waive the parental consent requirement. You can request that an attorney be appointed to represent you at the hearing. The hearing and all of the procedures are confidential.

When must a conservator be appointed for a minor? When a minor receives more than $5,000 from a lawsuit or inheritance, a conservator must be appointed by the probate court. The reason for naming a conservator is to protect the money until the minor becomes 18 years of age. The conservator is usually the minor's parent or legal guardian.

You must file a petition with the probate court asking for the appointment of a conservator. There is a filing fee. The court will decide at a hearing who the conservator should be. The conservator may be responsible for filing an annual account with the court.

What types of guardianship exist for minors? A guardian of a minor can have some or all of the legal powers of a parent. The two types of guardianships of minors are general guardianships and limited guardianships.

Any interested adult, or a minor over the age of 14, can file a petition with the probate court asking the court to appoint a guardian. A court-appointed guardian makes important decisions such as housing, education, medical treatment and other things usually decided by a parent for the minor.

A general guardian would be appropriate if a minor has no living parents, or the parents cannot be found. If a guardian is appointed in the parent's will or other document, the guardianship takes effect when the nominee formally accepts his or her appointment. A general guardian has all the legal powers of a parent, but is not legally required to provide for the minor out of his or her own funds.

In a limited guardianship, the proposed guardian and the custodial parent decide what powers the guardian will exercise and both must sign a limited guardianship placement plan. This plan tells the court the reason for the guardianship, how long it will last, how the child will be supported, and how the parent will stay in contact with the child. A limited guardian cannot consent to the marriage or adoption of a child.

The placement plan must be approved by the court. If the parent does not keep the agreement made in the plan, the guardian or another person named by the court may ask the family division of the circuit court to terminate the parent's rights to the child and make the child available for adoption.

Guardianships for minors under age 6 must be reviewed by the court every year .

A parent must go to court to end a limited guardianship. In some cases, the court may decide that the parent is not ready to have the child back, and may set some conditions for the parent to meet before the child is returned.

If a guardian is unable to keep the child, the guardian must petition the court to appoint someone else.

How do I legally change my name if I am 14 years of age or older? This message will explain how you can legally change your name if you are an adult, a minor over the age of 14, or if you want to change your family's last name. Below is another message explaining how to change the name of a minor who is under the age of 14.

If you want to change your name and you are an adult or a minor who is 14 years of age or older, or you want to change your family's last name, you can petition for a change of name in the family division of the circuit court in the county where you live. You must have lived in the county for at least one year prior to filing the petition.

The petition must give the reason for the name change and assure the court that you are not seeking a name change with any dishonest intent. There is a filing fee. A notice of the hearing to change the name must be published to allow creditors, individuals with the same name, and others the opportunity to object. You must have your criminal history checked by the Michigan State Police and the Federal Bureau of Investigation based on your fingerprints.

There is a charge which must be paid to the police agency for this. Results of the criminal history check will be sent to the court. A person with a criminal record is presumed to have a fraudulent intent in seeking to change his or her name. Persons under age 22 do not have to be fingerprinted or have a criminal history check.

A petition, filed by a minor who is 14 years of age or older, must be signed by both parents, one parent if the other parent is missing or dead, or a legal guardian.

If the court grants the name change, you will be charged to receive a certified copy of the court order.

How do I legally change my name if I am under the age of 14? This message will explain how you can change the name of a minor who is under the age of 14. Above is another message explaining how to change your name if you are an adult or a minor who is 14 years of age or older, or if you want to change your family's last name.

To change the name of a minor who is less than 14 years old, you must file a petition for a name change with the family division of the circuit court in the county where the child lives. Both legal parents must agree to the proposed name change. If both parents do not consent, the custodial parent must prove to the court that the child has not been substantially visited, contacted, or supported by the non-custodial parent for at least two years prior to filing the petition. The non-custodial parent must be given legal notice of the hearing and an opportunity to object to the proposed name change. The legal parental rights are not terminated by a name change.

If the court grants the name change, you will be charged a small fee to receive a certified copy of the court order.

What is juvenile probation? If you are under the age of seventeen, have been found responsible for committing an offense, and come under the jurisdiction of the court, you may be put on probation. Juveniles on probation have regular meetings with a caseworker or probation officer. In addition, juveniles may be required to perform community service, pay for damages, attend counseling or meet other conditions set by the court. In cases where the court decides the juvenile cannot live in the community with his or her parent, the juvenile may be sent to a foster care home or state or private institution. Some juveniles may be placed under the supervision of the Family Independence Agency.

In general, the juvenile's court file will remain in the family division of circuit court until the juvenile is 30 years old. Some portions of the court file are open to the public.

WHAT YOU SHOULD KNOW ABOUT PROBATE

What is a will? A will is a written document, which after your death gives instructions for how you want your individually-owned property to be distributed. A will may also indicate who is to be in charge of your property until it is distributed and who will take care of your minor children if the other parent should also be dead. If a person dies without leaving a valid will, the property will be distributed according to the dictates of intestate succession under Michigan law.

For a fee, the probate court will store a person's will for safekeeping. You can make changes or additions (called codicils) to your will at any time providing that you are mentally competent. There is an additional fee to store the amended will or codicil. All wills filed for safekeeping in the probate court are confidential. A will filed for safekeeping becomes a public document when the subject of the will dies.

What is a decedent's estate? The property solely owned by a person upon that person's death is that decedent's estate. The estate can be processed by the court in three ways — as an assignment (this would apply if the value of the estate is under $17,000), as an unsupervised administration, or as a supervised administration.

An estate can be distributed by assignment when the true cash value of the estate is not more than $17,000 (this amount can change over time based upon cost-of-living changes). The estate may be assigned to the surviving spouse or the person who has paid the funeral bill to the extent of such payment. If there is no surviving spouse and the funeral bill has been paid, the estate may be assigned to the heirs at law.

If a person leaves a will, it usually names a person to be the personal representative of the estate. However, a person does not become personal representative of an estate until appointed by the probate court. The personal representative is responsible for completing all the requirements to distribute the assets of the estate.

An estate which starts as an unsupervised administration may be changed to a supervised administration upon the petition of an interested person if it is shown that court supervision is necessary.

What are the functions of a guardian and a conservator? A guardian is a person appointed by the probate court to provide for the care and custody of another person called a ward. If the court decides the ward is legally incapacitated or incapable of taking care of him or herself, it may give the guardian authority to make all decisions on behalf of the ward. Sometimes the court may also limit the guardian's authority to specific decisions.

A conservator is a person appointed by the probate court to take care of the property or estate of another person who is considered by the court to be unable to handle his or her own financial affairs. The conservator is responsible to the court for how the ward's funds or property are managed.

A guardian and a conservator can be the same person or institution, or they may be different people or institutions.

To have a guardian or a conservator appointed for an incapacitated person, a petition must be filed with the probate court. Any adult interested in the well-being of the individual can file the petition. There are filing fees for guardianships and conservatorships. Before the hearing, the court will appoint someone (called a guardian ad litem) to meet with the ward and make an investigation for the court. There may be a charge for this.

A hearing will be held and the probate judge will decide after hearing testimony whether it is necessary to appoint a guardian or conservator to protect the person or property. Both a guardian and conservator must fulfill the legal duties required of the position. Guardians or conservators may be paid for their services from the ward's estate, if approved by the court.

The probate court will give you a copy of a petition for a guardian or conservator, but the court staff cannot give you legal advice about your case.

In addition, some courts have videotapes explaining what guardians and conservators do. You may want to check if one is available from the probate court nearest you. You may want to talk to an attorney.

How are mental health commitments handled? If you want to have a person whom you believe is mentally ill to be committed to a mental health facility or otherwise treated, you may file a petition with the probate court. Many times before court action, an individual is temporarily hospitalized based on an application presented to the hospital director. While a petition alleging that an individual is mentally ill is pending before a court, the individual has the opportunity to defer a formal hearing and voluntarily agree to treatment.