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Michigan Criminal Defense Lawyer BlogCriminal Arraignment in Michigan – First Court Appearance
Understanding the Criminal Arraignment in Michigan: What You Need to Know
The criminal arraignment is the first formal court appearance in your case, marking the beginning of the legal process. In Michigan, as in all states, you have an absolute right to an arraignment. This right is deeply rooted in history, reflecting the foundational principles of justice in the United States. The U.S. Constitution’s Sixth Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation.” This safeguard ensures transparency and fairness, allowing individuals to know the charges they face and begin preparing their defense.
Why Do We Have a Right to an Arraignment?
The right to an arraignment stems from English common law and was adopted into American jurisprudence to prevent secret accusations and ensure procedural fairness. By requiring that charges be publicly disclosed and defendants be formally informed of their rights, the arraignment protects against abuses of power and upholds the constitutional principle of due process.
Additionally, under Michigan law, Michigan Compiled Laws § 764.1a governs the issuance of arrest warrants and summonses. A magistrate must issue an arrest warrant or summons when presented with a properly sworn complaint if there is reasonable cause to believe the accused committed the offense. In most cases, a summons is issued unless specific factors—such as the nature of the crime, public safety risks, or concerns about the defendant’s likelihood of appearing in court—require a warrant. This ensures that the legal process begins transparently and in accordance with constitutional protections. In either case, it is crucial to appear in court with your attorney as soon as possible. While the police may not actively seek you out at your workplace or home to make an arrest, any interaction with law enforcement—even if you have only been issued a summons—could result in being taken into custody.
What Happens at Your First Court Date?
At your arraignment, your attorney will be provided with a formal document called the complaint. This document specifies the criminal charges against you, along with references to the relevant statutes and potential penalties. For instance, if you were arrested for OWI First Offense (Operating While Intoxicated) and given a ticket, the prosecutor will typically issue a complaint before the arraignment.
A warrant may also accompany the complaint. As noted, not all warrants result in immediate arrests. If a warrant has been issued against you, it’s essential to handle it proactively. Even where the police are not likely to come to your home at midnight to arrest you, ignoring the warrant could lead to complications, including your arrest prior to appearing in court.
What Should You Expect During the Arraignment Process?
Your criminal defense attorney will attend the arraignment with you, ensuring your rights are protected throughout the hearing. Depending on the court, your arraignment may take place before a judge or magistrate, and some courts may allow a “paper arraignment,” bypassing the need for an in-person appearance.
If you have a live hearing, the court will:
- Read the Charges: The judge or magistrate will read the complaint, outlining the specific crimes, the statutes involved, and potential penalties.
- Address Bond: The court will set a bond amount (if applicable) and outline conditions of bond, such as abstaining from alcohol or submitting to monitoring.
In serious felony cases—like murder or certain sex crimes—bond may not be set, requiring you to remain in custody while your case proceeds. Also, your bond serves as a financial assurance to the court that you will appear for scheduled proceedings. However, beyond the monetary aspect, courts often impose bond conditions to ensure public safety and the defendant’s compliance during pretrial release. These conditions may include restrictions on travel, mandatory substance abuse testing, no-contact orders with certain individuals, or requirements to surrender firearms. Violating any bond condition can lead to serious consequences, such as bond revocation and re-arrest. Therefore, it’s essential to fully understand and adhere to all conditions set by the court during the pretrial period.
Do You Need a Lawyer for the Arraignment?
Absolutely. Your lawyer can:
- Advocate for the lowest possible cash bond and the least restrictive conditions.
- Prepare you for the arraignment by explaining the charges and what to expect.
- Handle procedural matters like waiving the formal reading of charges to expedite the process.
For most people, the arraignment concludes quickly. Your lawyer may enter a plea of “not guilty” or “stand mute” on your behalf. Standing mute means the court will enter a not guilty plea for you, ensuring your case moves forward without requiring you to admit or deny the charges outright.
Will You Go to Jail After the Arraignment?
Bond conditions vary depending on the charges and your circumstances. In most Michigan DUI and OWI cases, bond conditions often include:
- Non-use of alcohol or drugs.
- Regular monitoring to ensure compliance.
Your lawyer will work to minimize bond amounts and restrictive conditions. However, failure to address your arraignment properly or appear with legal representation could result in immediate custody.
Why Choose Barone Defense Firm for Your Arraignment?
At the Barone Defense Firm, our criminal defense lawyers have the experience and skill to navigate the complexities of arraignments and ensure you receive the best possible outcome. With a track record of excellence since 1991, Patrick T. Barone and his team are committed to helping clients like you regain control of their lives. We’ll advocate aggressively for favorable bond conditions and prepare you thoroughly for this critical first step in the legal process.
Key Takeaways About Your Arraignment
- Know Your Rights: The arraignment protects your constitutional rights, ensuring you understand the charges and can begin your defense.
- Have Legal Support: Retain a lawyer to handle the procedural details, advocate for you in court, and minimize the impact of the charges on your life.
- Prepare for the Next Steps: After the arraignment, you’ll receive a court schedule, including dates for pretrial conferences or preliminary exams, depending on your case.
Don’t face this alone. Contact the Barone Defense Firm for a free consultation and let our experienced attorneys guide you through the arraignment process and beyond. Contact one of the criminal defense attorneys at the Barone Defense Firm and schedule your free, no obligation case review. Our 24-hour number is (208) 306-9158.
