In a Michigan Criminal Sexual Conduct (CSC) case, the Court document officially listing the charges is referred to as the "Complaint" at the early stages of the case in District Court from Arraignment through the Preliminary Exam.
Later on, after (and if) the case is "bound over" to the County Circuit Court, that document is referred to as the "Information," and it lists whatever the charges are at that point, since individual charges (or "Counts") of CSC can possibly be dropped or added at or after the Preliminary Exam, depending on the circumstances.
The Complaint and (later on) the Information look almost identical, aside from any differences in the charges as mentioned above. But they can be difficult to read and understand. They are documents prepared by the Prosecutor's Office and filed with the Court and provided to the Defendant or their Attorney. Here, we'll give you the necessary tools for a basic understanding of these essential documents.
You'll know you're looking at these documents because they say either "Complaint, Felony" or Information, Felony" in the middle of the very top of the first page. This very section also lists which Court the case is in (to the left fo the title) and the Case number (to the right of the title). The top portion of the document underneath that title, often referred to as the "caption," lists the following:
- the case name - "The People of the State of Michigan vs. [Your Name and address]"
- the alleged date of the alleged offense(s), or date range, such as in the case of allegations of repeated sexual abuse of a minor in a Criminal Sexual Conduct 2nd Degree case, as just one example
- the County the offense(s) allegedly occurred in and where the case is being brought
- the Police agency Report number
- other information, including personal identifying information such as your DOB and DLN (which is now redacted from public versions of the documents)
Then, pursuant to law, MCL 767.40a, there is a section underneath it which names potential witnesses for the Prosecution. You may see the name of the accuser, police officers, detectives, etc., medical personnel, other non-police, non-expert (or "lay") witnesses, and any others. This list of witnesses can be amended later on pursuant to statute and Court Rule.
Perhaps the most important part of these charging documents are the list of charges, or "Counts" of Criminal Sexual Conduct. A "Count" means an individual, separate charge. In one case brought against a Defendant, there may be only a single Count or multiple Counts. If there are multiple Counts, they may be Counts of the same "Degree" or different Degrees of Criminal Sexual Conduct.
Thus, it is helpful to know that there are four Degrees of Criminal Sexual Conduct in Michigan:
- First Degree Criminal Sexual Conduct (based on alleged "sexual penetration") and punishable by up to LIFE (MCL 759.520b).
- Second Degree Criminal Sexual Conduct (based on alleged "sexual contact") and punishable by up to 15 years (MCL 750.520c).
- Third Degree Criminal Sexual Conduct (based on alleged "sexual penetration") and punishable by up to 15 years (MCL 750.520d).
- Fourth Degree Criminal Sexual Conduct (based on alleged "sexual contact") and punishable by up to 2 years (MCL 750.520e).
Importantly, each of the Degrees are not defined by only one type of alleged act; there are multiple different ways a person can commit each Degree, often called "multiple variables" (a phrase you may see on this document) and some of them are not really similar at all. It can be confusing, and while we've written on this topic many times in our other pages and posts, a full discussion of this aspect of CSC charges is beyond the scope of this article.
As an example, in a single case, the Defendant may be charged with three total Counts after being accused of both sexual penetration and sexual contact by the same individual. For example the Counts in a Complaint might be structured as follows:
COUNT 1: CRIMINAL SEXUAL CONDUCT - FIRST DEGREE
COUNT 2: CRIMINAL SEXUAL CONDUCT - SECOND DEGREE
COUNT 3: CRIMINAL SEXUAL CONDUCT - SECOND DEGREE
You should understand that the various Counts in one single case might be things that the accuser is alleging happened all at or about the same time on a single date, known as the same "transaction or occurrence," or they may be things the accuser is alleging happened on multiple dates and times, even up to and including a period of alleged repeated abuse that supposedly occurred over the course of many years.
RELATED: click here to learn the definition of Michigan Fourth Degree Criminal Sexual Conduct charges.
The Prosecutor sometimes does not charge all of the Counts they possibly could based on the accuser's story. Importantly, none of this including the fact that the Prosecution is charging someone, means anything ever happened at all. The "Complaint" and "Information" are simply a list of unproven allegations. In fact, here what the Judge tells the Jury after reading the charges listed in the Information during every CSC trial:
"The defendant has pled not guilty to these charges. You should clearly understand that the Information I have just read is not evidence. An Information is read in every criminal trial so that the defendant and jury can hear the charges. You must not think it is evidence of his guilt or that he must be guilty because he has been charged."
Also, a single Criminal Sexual Conduct case could even include charges based on allegations made by more than one accuser, such as in the case of siblings who are both accusing a parent, etc.
Not every Prosecutor's Office prepares these documents exactly the same, and nor do they always include all the same types of information in each case, but they essentially look the same from one case to the next. However, here is a list of additional information that typically follows each listed Count which pertains to that Count:
- a very brief description, sometimes in the most vague terms imaginable, of the type of act being alleged for that Count (i.e., that the Defendant "...did engage in sexual penetration by force or coercion, to wit..."
- A statutory citation showing the specific sub-paragraph of the relevant CSC law that the charge is brought under (i.e., this tells the Defense which out of many "multiple variables" is being charged in that specific Count).
- A "SORA Notice" explaining the applicable Sex Offender Registration Tier (there are 3 "Tiers") in the event of a conviction for that specific Count.
- An "HIV / STD Testing Notice" explaining the various stages of the case at which HIV and/or STD testing and counseling may be ordered by the Court pursuant to law for that specific Count.
- A penalty notice, stating the maximum possible penalty in the event of a conviction for that specific Count, whether lifetime electronic monitoring applies, and whether consecutive Sentencing is a possibility.
If the Defendant has been convicted of one or more felonies in the past, then the Complaint or Information may also contain a "Habitual Offender" Notice - a section stating what those prior convictions were, and to what extent they many increase the maximum possible penalty upon conviction above and beyond the normal maximums set by law under Michigan's habitual felony offender sentencing scheme.
Overall, it is important to understand that when it comes to exactly what Michigan Criminal Sexual Conduct charges you are facing, these documents known as the "Complaint" and (later) the "Information" serve as the official document listing the charges in the form of one or more "Counts" and also letting the Defendant know other important information about the possible consequences for a conviction on each Count.
At Prain Law, PLLC, unlike other criminal defense law practices, we specifically concentrate on defending those accused of Criminal Sexual Conduct (CSC). For an overview of Prain Law's repeated victories in CSC trials, just visit our website and type "Not Guilty" in the search bar. There, you can read articles about recent, noteworthy NOT GUILTY verdicts. To find out what we can do for your case, contact Prain Law, PLLC at (248) 731-4543 or using our online contact form (Note: we only handle and respond to inquiries about current cases and do not offer post-plea or post-conviction matters).