Part C   —Felonies

1.32Courts With Jurisdiction Over Felony Traffic Offenses

The district court has jurisdiction to conduct felony arraignments, probable cause conferences, and preliminary examinations. MCL 600.8311(d)-(f); MCR 6.104; MCR 6.110. The circuit court has jurisdiction to try felony offenses and conduct sentencing proceedings. Const 1963, art 6, §13; MCL 600.8311(f); MCL 762.1. See also MCR 6.008(B) (“The circuit court has jurisdiction over all felonies from the bindover from the district court unless otherwise provided by law. The failure of the court to properly document the bindover decision shall not deprive the circuit court of jurisdiction. A party challenging a bindover decision must do so before any plea of guilty or no contest, or before trial.”).

“The circuit court retains jurisdiction over any case in which a plea is entered or a verdict rendered to a charge that would normally be cognizable in the district court.” MCR 6.008(C).

“The circuit court shall sentence all defendants bound over to circuit court on a felony that either plead guilty to, or are found guilty of, a misdemeanor.” MCR 6.008(D).

Generally, the Family Division of Circuit Court has jurisdiction over criminal cases involving juveniles.¹ MCL 600.1021(1)(e). “A family division of circuit court in any judicial circuit may adopt or institute a juvenile mental health court pursuant to statute or court rules.” MCL 600.1099c. A juvenile that is “alleged to have engaged in activity that would constitute a criminal act if committed by an adult” may be admitted into juvenile mental health court. MCL 600.1099f(1).

Additionally, “[t]he circuit court or the district court in any judicial circuit or a district court in any judicial district may adopt or institute a mental health court pursuant to statute or court rules.” MCL 600.1091(1). Individuals charged with criminal traffic offenses may be admitted into mental health court. See MCL 600.1094(1).

“As part of a concurrent jurisdiction plan, the circuit court and district court may enter into an agreement for district court probation officers to prepare the presentence investigation report and supervise on probation defendants who either plead guilty to, or are found guilty of, a misdemeanor in circuit court. The case remains under the jurisdiction of the circuit court.” MCR 6.008(E).

For a general discussion of pretrial proceedings in criminal cases, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1.