How to Prepare for Your Arraignment in Michigan

You have a court date and very little information

Most people walk into an arraignment knowing only the date on a bond slip or a notice in the mail. The hearing itself is usually brief. The judge or magistrate tells you the charge and the maximum penalty, deals with the question of a lawyer, decides how you are released while the case is pending, and sets the next date (MCR 6.104(E) for felonies; MCR 6.610(D) for misdemeanors).

In a felony case the court does not ask you to plead at this hearing; MCR 6.104(E) says the court may not question you about the offense or request a plea. In a misdemeanor case the court can take a plea at arraignment, but only after advising you of your rights and finding the plea understanding, voluntary and accurate (MCR 6.610(F)). What the hearing is and where it fits is explained in what an arraignment is and on the site's arraignment page.

This page is general information about Michigan law and court rules. It is not advice about your case. Practice differs from one Kent County courtroom to the next, so check the specifics with the clerk or with a lawyer who knows your charge.

Step 1: Confirm the date, time, courtroom and format

Start with the paperwork you were handed: an interim bond receipt, an appearance ticket, a citation or a mailed notice. It names the court and often the date. If anything is unclear, call the clerk of that court and ask for the date, time, courtroom and whether you appear in person or by video. Many courts post schedules online; how to check your case status in Kent County lists the official lookups.

Video arraignments are allowed. MCR 6.104(A) lets the court arraign an arrested person "by use of two-way interactive video technology," and MCR 6.006 governs when videoconferencing is used. Whether your court uses video for people who are out of custody varies, so ask.

A person still in jail does not pick the time. Under MCR 6.104(A), an arrested person must be taken before a court for arraignment "without unnecessary delay." Family members can use the court's hearing schedule or call the clerk to learn when that will be.

Step 2: Decide how you will answer the lawyer question

The court must tell you at arraignment that you have the right to a lawyer at all court proceedings, and to a lawyer at public expense if you want one and cannot afford one (MCR 6.005(A)). If you ask for an appointed lawyer, the court or the local appointing authority screens your finances (MCR 6.005(B)).

The screening uses factors listed in MCL 780.991(3): income from any source, property, outstanding obligations, the number and ages of dependents, employment history and education. Bring a recent pay stub or benefits letter and a rough list of monthly bills so the answers are quick and accurate. The statute also allows a finding of partial indigency, in which case the court sets an amount you must contribute.

Michigan Indigent Defense Commission Standard 4 says counsel shall be appointed "as soon as the defendant's liberty is subject to restriction by a magistrate or judge," and that representation includes the arraignment on the complaint and warrant. How that works in practice, for example whether a duty lawyer is in the courtroom, varies by county and court. If you plan to hire a lawyer, say so and ask for time to do it. The neutral comparison is in retained vs. court-appointed lawyer.

Step 3: Bring what the court uses to decide bond

At arraignment the court must decide whether you stay in custody, are released on personal recognizance, or are released on conditions (MCR 6.106(A)). MCR 6.106(F)(1) lists what the court weighs, and most of it is information you can carry in with you.

• Photo ID and every piece of paper the police or jail gave you.
• Proof of where you live and for how long: a lease, a utility bill or mail with your name. Community ties and length of residence are listed factors under MCR 6.106(F)(1).
• Proof of work or school: a pay stub, a schedule or a letter. Employment status and history are listed factors, and the court can make continuing to work or attend school a condition of release under MCR 6.106(D)(2).
• Names of responsible people who can vouch for you or supervise you; MCR 6.106(F)(1) names "the availability of responsible members of the community" as a factor.
• A list of your prescriptions and medical needs, in case you are held. Jail medical staff work from what you can tell them.
• Any treatment you are already in, since the court can order treatment, testing or monitoring as a condition (MCR 6.106(D)(2)).

Step 4: Know what not to do

A few avoidable mistakes at arraignment can make the rest of the case harder. These are the common ones.

• Do not argue the facts. The arraignment is not the place to explain. If you are not represented, the court must warn you that anything you say can be used against you (MCR 6.104(E)(2)). Answer the judge's procedural questions and stop there.
• Do not plead guilty on the spot without advice. In a misdemeanor case the court can accept a plea at arraignment, but it must first advise you of the rights you give up (MCR 6.610(F)). Pleading not guilty or standing mute keeps every option open.
• Do not contact the complaining witness. A court can impose no-contact conditions under MCR 6.106(D)(2) and MCL 765.6b, and MCL 765.6b lets the court bar you from buying or possessing a firearm while the order is in effect. Violating a condition can lead to arrest and revocation of release (MCR 6.106(I)).
• Do not miss the date. The court can issue a warrant and revisit your bond if you fail to appear (MCR 6.106(I)); for assaultive and domestic violence charges the usual 48-hour waiting period before a bench warrant does not apply (MCR 6.103(A)).
• Dress plainly, arrive early, silence your phone, and bring a pen. None of this is in a rule; it keeps attention on the questions the court has to decide.

What comes next, and when a lawyer matters for your own case

After a misdemeanor arraignment the next date is usually a pretrial conference (MCR 6.610(B)); see what happens at a pretrial. After a felony arraignment the court must set a probable cause conference 7 to 14 days out and a preliminary examination 5 to 7 days after that (MCL 766.4(1)). Bond can be revisited at the probable cause conference (MCL 766.4(1)(b)); see what bond and bail mean.

Charge-specific checklists already exist for the two most common cases: how to prepare for a domestic violence arraignment and the OWI arraignment. Read the one that matches your charge.

A lawyer matters at arraignment when bond is contested, when a no-contact order would keep you out of your home, when you hold a professional or commercial license, or when you are tempted to plead to make it go away. The office of Attorney Shawn Haff offers a free consultation at 616-438-6719, answered 24 hours a day, and appears regularly in the Kent County district courts and the 17th Circuit Court. You can also reach the office through the contact page. Whatever you decide, talk to a lawyer about your own facts before the hearing, not after.