Michigan Laws 333.7415 – Dismissal of case; reduction of charge; plea of guilty, guilty but mentally ill, or nolo contendere
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(1) After the arraignment of a defendant on a warrant charging the defendant with the commission of any of the offenses specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), or with conspiracy to commit an offense specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), the examining magistrate shall not dismiss the case upon motion of the prosecuting attorney unless the dismissal is with prejudice, nor shall the examining magistrate permit the prosecuting attorney to reduce the charge if it appears to the examining magistrate at the conclusion of the preliminary examination that 1 or more of the offenses set forth in this subsection was committed and that there is probable cause for charging the defendant with a violation of 1 or more of the offenses.
(2) At or after the arraignment of a defendant on an indictment or information charging the defendant with the commission of any of the offenses specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), or with conspiracy to commit an offense specified in section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii), the court in which the indictment or information is filed shall not dismiss the case upon motion of the prosecuting attorney unless the dismissal is with prejudice, and the court shall not accept a plea of guilty, guilty but mentally ill, or nolo contendere unless, with the consent of the prosecuting attorney on the record, the defendant enters a plea of guilty, guilty but mentally ill, or nolo contendere to not less than 1 of the following felonies:
Terms Used In Michigan Laws 333.7415
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) An offense described in section 7401(2)(a)(i), (ii), (iii), or (iv).
(b) An offense described in section 7403(2)(a)(i), (ii), (iii), or (iv).
(c) Conspiracy to commit an offense described in subdivision (a) or (b).