What Happens at an Arraignment in Michigan?

An arraignment is the first court hearing in a Michigan criminal case. The judge or magistrate tells you the charge, explains your rights, and usually sets conditions for your release. This article gives general information only. It is not legal advice, and every case is different.

What is an arraignment in Michigan?

An arraignment is a short hearing where the court formally tells you what you are charged with. Most arraignments last only a few minutes, but the decisions made there can affect your case and your daily life for weeks or months.

In Michigan, criminal cases generally begin in district court, whether the charge is a misdemeanor or a felony. That is true in Hillsdale, Branch, Jackson and Calhoun counties alike.

What happens at a Michigan arraignment?

The judge or magistrate will usually do these things:

• Confirm who you are.
• Read the charge or charges, or tell you where to find them in the paperwork.
• Explain your rights, including your right to a lawyer and your right to remain silent.
• Ask whether you can afford a lawyer, and appoint one if you qualify and the law allows it.
• Take a plea, if the charge is one the court can take a plea on at that stage.
• Set bond and release conditions.
• Set the date for your next hearing.

If you are in jail, the arraignment is often held by video. If you were released with a court date, you will need to go to the courthouse in person.

Is an arraignment different for a misdemeanor and a felony?

Yes. The difference matters.

Misdemeanor arraignments

In a misdemeanor or felony case, you may be asked to enter a plea at the first hearing. The Five choices you have to plead, are guilty, no contest, not guilty, guilty but mentally ill and not guilty by reason of insanity.   A guilty or no contest plea can lead to a conviction on your record, so many people ask for time to speak with a lawyer first.

Felony arraignments

A felony case starts in district court with an arraignment on the complaint and warrant. At that stage, the district court generally does not take a guilty plea to the felony. The case then moves toward a preliminary examination, where a judge decides whether there is enough evidence to send or bind it  over to circuit court.

If the case is sent up, you will have a second arraignment in circuit court, where you will be asked to enter a plea on the formal charges.

What pleas can I enter at an arraignment?

• Not guilty. This keeps your case moving without admitting anything. It does not mean you are saying you did nothing wrong. It means the state must prove its case.
• Guilty. You admit the charge. The court may sentence you soon after, sometimes the same day on a minor offense.
• No contest. You do not argue the charge, but you do not formally admit it. The court can still convict you, and the judge must approve the plea. (A plea of not guilty but mentally ill and not guilty by reason of insanity are special pleas, so call our office to learn more about these if these apply to you or your loved one.)

Pleading is a big decision. Once a plea is entered and accepted, it can be hard to take back. Asking the court for time to get advice is common and allowed.

How does bond work at a Michigan arraignment?

Bond is how the court tries to make sure you come back to court and that the community stays safe while the case is pending. The judge may set:

• A personal bond, where you promise to appear and pay nothing up front.
• A cash or surety bond, where money or a bond company is involved.
• Conditions, such as no contact with a certain person, no alcohol, drug or alcohol testing, travel limits, or reporting to a pretrial officer.

Judges look at several things, including the charge, your record, your ties to the area, and any safety concerns. Breaking a bond condition can lead to arrest and may make your situation worse, so read the conditions carefully and ask questions if anything is unclear.

Do I need a lawyer at my arraignment?

You are not required to have a private lawyer at the first hearing, but you have the right to one. If you cannot afford a lawyer and you face possible jail time, the court may appoint one. A lawyer can speak for you on bond, explain the charge, and help you avoid a plea you do not understand.

If you are thinking about hiring a lawyer, do it before the hearing if you can. Attorney Brendan J. Sanger represents people facing criminal charges in the Hillsdale, Branch, Jackson and Calhoun County area. You can learn more on the criminal defense page.

What should I do before my arraignment?

1. Read your paperwork. Note the court, date, time, and the charge listed.
2. Arrive early. Courthouses have security lines, and a missed hearing can lead to a warrant.
3. Dress neatly and be respectful. Address the judge politely and answer only what you are asked.
4. Do not talk about the facts. Anything you say in court or to others, including on social media or in jail calls, can be used against you.
5. Bring what the court may ask for. That can include proof of income if you are asking for a court-appointed lawyer.
6. Follow every release condition. Start right away.

What comes after the arraignment?

The next step depends on the charge. In a misdemeanor, there is often a pretrial conference where your lawyer and the prosecutor talk about the case. In a felony, there is the preliminary examination, and then the case moves to circuit court. Along the way, your lawyer can ask for police reports and other evidence, look for problems with the stop, search or arrest, and talk with you about your options.

Civil infractions, such as many traffic tickets, do not involve an arraignment in the same way. If you got a ticket rather than a criminal charge, see our traffic ticket defense page.

Talk to someone before you walk into court

An arraignment can feel rushed and stressful, but you do not have to face it with no information. If you have a court date coming up or a family member in jail, call the office in Litchfield at 517-206-3555 or use the contact page to ask about your situation.

This article is general information about Michigan law, not legal advice for your situation. Laws change and every case is different. To talk about your case, call 517-206-3555.