An arraignment is your first court appearance after being charged with a crime in Michigan. It’s usually short, but important decisions are made there, especially about bond. Here’s what to expect.
When the arraignment happens
If you were arrested and held in jail, you’ll generally be brought before a judge or magistrate promptly, typically within a day or two, sometimes by video from the jail. If you weren’t arrested, you may receive a ticket, a letter or a phone call telling you when to appear. Some people learn they have a warrant and arrange to turn themselves in for a “walk-in” arraignment.
What happens in the courtroom
- The charge is read. The judge or magistrate tells you what you’re charged with and the maximum possible penalty.
- Your rights are explained, including your right to a lawyer and, if you can’t afford one, your right to a court-appointed attorney.
- A plea is entered. In a misdemeanor case you’ll be asked how you plead. Usually the right answer is “not guilty,” which simply preserves all your options. In a felony case, no plea is taken at the first arraignment in district court.
- Bond is set. This is often the most important part.
Understanding bond
Bond is what you must do to stay out of jail while your case is pending. It can be:
- Personal recognizance: your promise to return to court, with no money required.
- A cash or surety bond: money paid to the court, sometimes as a 10% deposit.
- Conditions: rules you must follow, such as no alcohol, drug or alcohol testing, no contact with an alleged victim, staying away from certain places, or wearing a tether.
Bond conditions can be hard to live with, especially no-contact orders in domestic violence cases that may keep you out of your own home. A lawyer can argue for reasonable conditions at arraignment, and can ask the court to modify them later.
What happens after arraignment
For a misdemeanor, the next step is usually a pretrial conference, where your lawyer reviews the evidence and negotiates with the prosecutor. For a felony, the next steps are a probable cause conference and a preliminary examination. Learn the difference between felonies and misdemeanors.
Before your arraignment: don’t discuss the case with police, the alleged victim or anyone on a jail phone or social media. Write down everything you remember, keep your paperwork, and call a lawyer.
Frequently asked questions
Do I need a lawyer at my arraignment?
It’s strongly recommended. Bond conditions are set at arraignment, and they can affect your freedom, job and home life for months. A lawyer can argue for a lower bond and reasonable conditions, and can make sure you don’t say anything that hurts your case.
Can I skip the arraignment if I have a lawyer?
In many misdemeanor cases, your lawyer can file a written waiver of arraignment and a not-guilty plea, so you don’t have to appear for that first hearing. Whether that’s allowed depends on the court and the charge.
Should I plead guilty at my arraignment?
Almost never without talking to a lawyer first. At arraignment you usually haven’t seen the evidence, and options like reduced charges, diversion programs or dismissal may still be available.