What Is a Pretrial in a Michigan Criminal Case?

After your arraignment, the case will typically be set for one or more pretrials. A pretrial in a criminal case is a procedural meeting held before the trial begins, designed to streamline the judicial process. This article focuses on pretrials in misdemeanor and felony cases in Michigan state circuit and district courts. Notably, the procedures for state court pretrials differ from those in federal courts. For information on federal arraignment procedures, see our article What Is a Federal Arraignment?

Unlike federal court proceedings, Michigan’s state court pretrials are not governed by a specific court rule or rule of criminal procedure. This lack of formal guidelines means that pretrial processes can vary depending on the preferences of individual judges and courts. Despite this variability, the primary purposes of a pretrial remain consistent: resolving legal issues, ensuring readiness for trial, and facilitating plea negotiations.

Facilitate Plea Negotiations: Prosecutors and defense attorneys explore potential agreements to resolve the case without a trial.

1. Resolve Legal Issues: Pretrial motions allow the court to decide on evidentiary matters, procedural issues, or constitutional challenges.
2. Streamline the Trial Process: The court ensures all parties are ready, narrowing disputed facts and addressing potential logistical challenges.
3. Monitor Case Progress: The judge oversees the case's progression and ensures compliance with Michigan Court Rules.

A pretrial conference typically involves discussions between the judge, prosecutor, and defense attorney. Topics include:

• The status of plea negotiations.
• Any outstanding motions or legal challenges.
• Scheduling and readiness for trial.
• Narrowing down disputed facts to avoid unnecessary arguments during the trial.

There can be multiple pretrial conferences, depending on the complexity of the case. If parties cannot resolve key issues in one meeting, additional conferences may be scheduled to continue negotiations or address pending matters. Also, a meaningful pretrial cannot be conducted until discovery is completed so often a pretrial will be adjourned “to complete discovery.”

Legal issues brought up during pretrials often include:

• Admissibility of evidence (e.g., Intoxilyzer chemical breath test results in DUI cases).
• Constitutional challenges (e.g., search and seizure violations).
• Motions to suppress evidence or dismiss charges.

In Michigan, whether a defendant must attend a pretrial conference depends on the court’s rules and the nature of the hearing. Your attorney will advise you if your presence is required.

Yes. Many cases are resolved at the pretrial stage through plea agreements, where the defendant agrees to certain terms in exchange for a reduced sentence or dismissal of some charges.

If no agreement is reached, the case proceeds to trial. The pretrial ensures that all parties are prepared and that any unresolved legal or factual issues are clearly defined before the trial begins.

Fact questions often include disputes over:

• The validity of field sobriety or chemical tests in DUI cases.
• Whether the defendant knowingly possessed contraband.
• The credibility of witnesses or police reports.

The judge facilitates the conference by:

• Monitoring the progress of plea discussions.
• Resolving legal motions.
• Ensuring readiness for trial.

Judges do not express opinions on how factual disputes should be resolved; that is left to the jury or factfinder during trial. For more information see our article on the difference between a question of fact and a question of law.

In felony cases, the pretrial may include a preliminary examination under MCR 6.110 to determine if probable cause exists to proceed to trial. Misdemeanor cases generally focus on resolving disputes and setting a trial date.

It is important to note that state court pretrials differ significantly from federal arraignment and pretrial procedures. In federal court, arraignment and pretrial steps are governed by clear rules of criminal procedure that apply uniformly across jurisdictions. For more details on federal processes, read our article What Is a Federal Arraignment?

In contrast, Michigan’s state courts do not have a specific court rule governing pretrials. This means that the manner and scope of a pretrial conference can vary widely depending on the judge and local court practices. Some judges may prioritize plea discussions, while others focus on resolving evidentiary or procedural issues to prepare the case for trial.

A pretrial is a critical stage in a criminal case, providing an opportunity to address legal, procedural, and evidentiary issues. While Michigan state court pretrials are governed by the Michigan Court Rules, their lack of uniform guidelines leads to variability in how they are conducted. Nonetheless, pretrials serve as a valuable tool for resolving disputes and ensuring readiness for trial. Understanding the nuances of pretrials at the state level—and how they differ from federal procedures—can help defendants navigate the process more effectively. If you have additional questions about your case, consult an experienced criminal defense attorney at the Barone Defense Firm for personalized guidance.