An arraignment is an early court proceeding in a Michigan criminal case. The court generally advises you of the charges, your rights and the potential penalties and the judge may address release conditions. What happens at the hearing can differ depending on whether you face misdemeanor or felony charges.
What happens at a Michigan arraignment?
What happens with a plea depends on the type of case. In a misdemeanor case, you may enter a plea at arraignment. In a felony case, the initial district-court arraignment generally does not involve entering a plea. When a plea is taken, you may plead not guilty or in some circumstances, stand mute, which results in a not-guilty plea.
The judge may also address bail, bond and conditions of release while your case is pending.
Will you be released after the arraignment?
The court considers factors relevant to release, which may include the nature of the charge, your criminal history and the likelihood that you will appear for future court proceedings. Michigan law governing bail and bond conditions addresses the factors courts consider when setting bail.
You may qualify for release on personal recognizance, which generally does not require a monetary payment. Depending on the circumstances, the court may require a cash bond or impose conditions such as travel restrictions or electronic monitoring. Even if the court allows release, you may have to wait for jail procedures or payment processing to be completed.
What should you say at your arraignment?
An arraignment is generally not the time to explain your side of the story. Avoid discussing the alleged offense unless your attorney advises you to do so. Statements made during court proceedings can become part of the record and may affect your case.
Before the hearing, keep these points in mind:
- Do not explain the facts of the case. An arraignment is not the stage for presenting your factual defense.
- Listen carefully to the court’s questions. Answer what is asked and keep your responses focused on the proceeding.
- Ask for clarification if you are unsure. Do not guess at an answer you do not understand.
Because the procedure and available choices can differ by case, consider getting legal advice before the hearing. Counsel can explain the charges, advise you about any plea decision and help you understand what to expect as the case moves forward.