64B District Court

Criminal Division

Defendant's Rights

A Defendant's rights are very important. If you are a defendant in a case, make sure to go over your rights several times so that you understand what they are, what they mean, and how they will apply to your current situation. Some of your basic rights are specified below.

The Basics

You have a right to a trial by jury or judge.

You have the right to an attorney. You may apply for a court appointed public defender attorney through the Public Defenders Office if you cannot afford one. The District judge or magistrate will determine whether you qualify. That determination is based on:

    1.  Whether you are indigent, and

    2.  Whether the offense charged requires a minimum jail sentence or the court determines it may sentence you to jail.

NOTE: If an attorney is appointed at public expense, you may have to repay that expense.

Pleading

You may plead in one of four ways:

1.  guilty,
2. not guilty,
3. stand mute, or
4. no contest. 

Standing Mute

If you stand mute, the court will enter a plea of not guilty.

No Contest

To plead no contest, you must have permission of the court. The court will give permission if you have no memory of the incident or if there is a possibility of civil liability. 

Pictures and Prints

Defendants charged with criminal offenses punishable by up to 93 days or higher in jail/prison must have their picture taken and be fingerprinted through Montcalm County Jail.

Arraignments

An arraignment is a court proceeding at the beginning of the criminal process. At an arraignment, the court will advise you of:

• Your rights
• The charges being brought against you, and
• The penalties you will face if you plead guilty or are found guilty of the charges.

Sentencing

Sentencing takes place after a defendant has been found guilty or pleads guilty or no contest to an offense charged or bargained for. Sentencing usually takes place at a sentencing hearing on another date and time other than the day of the trial or hearing where the defendant has been found guilty or pled guilty or no contest. Fines and costs are due on the date of sentencing unless you can show that an extension or payment plan is needed. Please bring money in with you at the time of your plea and sentencing to be prepared for paying fines and costs.

Expungement

An expungement is simply setting aside a conviction. The expungement, when approved, will make the conviction nonpublic. For more information, instructions and forms, please visit Michigan Legal Help for more information.

Sobriety Court

The Sobriety Court program allows eligible individuals convicted of certain drunk driving offenses to obtain a restricted driver license after admittance into a sobriety court and installation of an ignition interlock device on vehicles they drive and own.

Are you are a candidate for Sobriety Court?

Mental Health Court

The purpose of mental health courts is to address the underlying problems that contribute to criminal behavior and link offenders to long-term treatment programs instead of incarceration. In evaluating a candidate’s eligibility for Mental Health Court, the Court will take into account the candidate’s mental health assessments, the availability of individualized treatment plans, and the extent to which ongoing judicial monitoring is needed to address both the mental health needs of offenders and the public safety concerns of communities.  

For more information on mental health courts, visit the Michigan Courts Mental Health Court page.  

The Mental Health Handbook will provide you with additional information on a number of topics associated with Mental Health Court. If you have questions about how Mental Health Court works, please review the Mental Health Handbook to familiarize yourself with the process. 

Frequently asked Questions

Criminal

How can I get a certified copy of my court orders or register of actions?

Certified copies of court orders or register of actions can be obtained by requesting them in-person, over the phone, or in writing to the 64B District Court. The clerk of record will assist you in completing a Review Record / Copy Request Form. Certified records are $10.00 for the certification, plus an additional $1.00 per page. Typically, certified record requests can be completed within two business days.

How do I get information about personal protection orders?

Contact 8th Circuit Court 

How do I request that a “no contact order” be lifted?

This is at the judge’s discretion. The victim in the case may submit a letter as to why he/she would like the no contact order to be lifted and provide identification. Letters will not be reviewed by Judges until after the 1st pre-trial and the prosecutor assigned to the case has reviewed the letter and has agreed to lift the no contact order. 

How do I reschedule my court date?

All requests to reschedule a court date must be in writing for the judge to review. It is at the judge’s discretion. If your case is in the 64B District Court you may contact the court to request your hearing be rescheduled. 

How can I obtain my criminal history?

Contact the Michigan State Police via the ICHAT website for your criminal history.

How can I obtain my police report?

Contact the Montcalm County Prosecuting Attorney’s Office or the City Attorney’s Office handling your case to obtain your police report. In some cases you will have to go to the police agency that took your police report and request a copy. Usually a Freedom of Information Act (FOIA) form will have to be filled out. Some police agencies have the available form on their prospective websites. The 64B District court does not provide them.

Where do I get a copy of my Michigan driving record?

Contact the Secretary of State to obtain your driving record.