When charged with a felony or misdemeanor offense, a person's first appearance is in the district court for arraignment.  At the arraignment, the judge or magistrate will advise a person of the following:

• what criminal charges are being brought against a person.
• what the penalties are for the criminal charge being brought.
• advise a person of their constitutional rights. 
  - Misdemeanor Advise of Rights.
  - Felony Advise of Rights.

• notify whether or not a person is eligible to be released on bond, and the amount of the bond. 

If arrested for a felony, normally the arraignment follows the day after the arrest.  Felony arraignments are held before a judge or magistrate who sets a date for a preliminary exam within 14 calendar days following arraignment.  If eligible and able to post bond, a person is released to appear on the scheduled preliminary examination date.  If not eligible for a bond or unable to post the set bond,  a person is remanded to the county jail until the scheduled preliminary examination date.

 ** You may hire your own attorney, or if you are indigent, you may petition the court for a court appointed attorney.  Forms are available at the court.

Preliminary examination

After an arraignment on a felony charge, the next step in the legal process is to appear before the District Court judge for a preliminary examination.  The county prosecuting attorney will be in court to present the prosecutions case.   After hearing the evidence presented at the preliminary examination, the judge determines if there is probable cause to believe that a crime was committed and whether or not there is probable cause to believe that the defendant committed that crime.  

It is suggested that legal counsel represent you at this hearing.  You may hire your own attorney or if you are indigent, you may petition the court for a court appointed attorney.  Forms are available at the court.

If the judge determines that there is probable cause (sufficient evidence) to believe that a crime was committed and that defendant committed that crime, the case is bound over for Arraignment on the Information in circuit court.  (53rd Circuit Court)

Pretrial hearing

For individuals arrested and arraigned on misdemeanor violations, the pretrial hearing is the next step of the legal process.  Defendant must appear at the pretrial hearing.  An individual has the right to be represented by legal counsel at this hearing, however it is not mandatory. 
  
A pre-trial hearing is a hearing between the defendant/defendant's attorney and the prosecuting/city attorney.  This hearing is an opportunity for both parties to discuss the case and possibly resolve the case by way of a plea,  either to the offense charged or if offered,  a reduced offense.  
A pre-trial form will be completed and returned to the court the day of the pre-trial.  
Depending on the pre-trial results, a case can take one of two paths in the judicial process.  If it is defendant's intent to plead guilty or no contest, a plea will be accepted and the sentencing will follow.  If defendant's intent is to plead not guilty and have a trial, all parties will have to appear for the scheduled jury selection date, unless the defendant advises the court they wish to waive their right to a jury trial and request a bench trial.  A bench trial is heard  and decided on before a judge. 

Who do I contact if I have any Questions about a Case? 

You can contact the Clerk if you have procedural questions.  Clerks cannot give legal advice.  It is recommended that you talk to an attorney for legal information/advice.

Where do I go if I want to post bond for someone being arraigned at the District Court?

During regular court business hours,  bond is accepted at the district court office.  After hours, bond is accepted at the county jail.