Several steps are generally followed when someone is charged with criminal sexual conduct. First, there will be an investigation to determine if the charges should be brought against the defendant. Second, a warrant for arrest will be entered for the defendant, meaning they may be arrested at any time. Third, an arraignment hearing will be held, and a bond will be set. Fourth, a probable cause conference will be held in District Court to discuss the following:
- Possible plea agreements
- Bail and bond modification
- Stipulations and procedural aspects of the case
- Any matters that are relevant to the case
Fifth, the preliminary exam hearing must occur five to seven days after the probable cause conference. The preliminary exam hearing is like a miniature trial in front of just the judge. In some cases, the defendant may waive the preliminary exam hearing. Before deciding to waive the preliminary exam hearing, it is critical to consult with an experienced attorney. Sixth, there is a hearing called an arraignment on information. Seventh, the trial, and then finally, sentencing. Generally, a defendant is not sentenced on the same day they are found guilty of a felony.