Short answer
An arraignment is your first court appearance on a charge. Under MCR 6.104 and MCR 6.610(D), the judge or magistrate tells you the charge and the maximum penalty, explains your right to a lawyer and to a trial, and decides whether you are held or released and on what conditions under MCR 6.106. In a misdemeanor case you may enter a plea. In a felony case the court may not ask for one.
The paper says "arraignment"
The ticket, the bond receipt or the letter from the court gives a date and a word: arraignment. You may be told to appear in person at a district court in Grand Rapids, Wyoming, Kentwood or Holland, or, if you are in custody, you may be brought to a camera in the jail. Either way, it is the first time a judge or magistrate speaks to you about the charge.
This page is the short version, with the court rules that govern the hearing. It is general information about Michigan law, not advice about your case. The longer walk-through is the site’s arraignment page, and the West Michigan courts page says where each local court sits. Talk to a lawyer about what to do at your own arraignment; the decisions you make there are yours, and some of them are hard to undo.
What the court must tell you
For a misdemeanor, MCR 6.610(D)(1) requires the court to inform you of the name of the offense, the maximum sentence permitted by law, your right to a lawyer at all court proceedings including the arraignment, your right to an appointed lawyer when MCR 6.610(D)(2) applies, and your right to a trial, by jury when the law provides one. The court may give this on the record or in writing placed in the file, so you may be handed a written advice of rights to read and sign.
For a felony, MCR 6.104(E) requires the court to state the nature of the charge and its maximum possible prison sentence, advise you of the right to a lawyer at all proceedings, set the dates for a probable cause conference and a preliminary examination, and decide release. The same subrule says the court may not question you about the offense or request a plea.
The person on the bench may be a district court magistrate rather than a judge. Under MCL 600.8511(f) a magistrate may fix bail and accept bond in all cases, and with the chief judge’s authorization a magistrate may arraign on many charges. Under MCR 6.006(C)(1), two-way video is the preferred mode for arraignments of in-custody defendants in district court, though a participant may ask to appear in person. Whether a particular court brings people to the courtroom or arraigns from the jail is local practice.
| District court, misdemeanor | District court, felony | Circuit court, felony | |
|---|---|---|---|
| Governing rule | MCR 6.610(D) | MCR 6.104(E) | MCR 6.113 |
| Who presides | Judge or, if authorized, a district court magistrate, MCL 600.8511 | Judge or authorized magistrate; bail may be set by a magistrate, MCL 600.8511(f) | Circuit judge, after bind-over under MCL 766.13 |
| Plea | May be entered; stand mute = not guilty, MCR 6.301(A); written not guilty allowed, MCR 6.610(D)(4) | Not requested; court may not ask, MCR 6.104(E) | Entered; not guilty entered if none offered, MCR 6.113(B) |
| Release decision | Yes, MCR 6.106(A) | Yes, MCR 6.106(A) | May be revisited, MCR 6.106(H) |
| Next date set | Pretrial conference, MCR 6.610(B) | Probable cause conference 7 to 14 days, preliminary exam 5 to 7 days after, MCL 766.4(1) | Pretrial and motion dates set by the trial court |
| Can it be done without you | Often, by written not guilty plea if represented, MCR 6.610(D)(4) | Not if in custody; video is the preferred mode, MCR 6.006(C)(1) | Yes if represented, by written statement, MCR 6.113(C); some circuits eliminate it, MCR 6.113(E) |
What the court decides: release
The arraignment is where bond is set. Under MCR 6.106(A) the court must either hold you in custody under the narrow rules of MCR 6.106(B), release you on personal recognizance or an unsecured appearance bond, or release you on conditions with or without money bail. MCR 6.106(C) makes personal recognizance the default unless the court finds it would not reasonably ensure your appearance or the safety of the public.
If money bail is required, MCR 6.106(E) lets the court set a structure that may allow a 10 percent cash deposit, a surety bond or a full cash deposit, and MCR 6.106(D)(2) lists the conditions the court may attach, from no contact with a named person to alcohol testing to surrendering a firearm. MCR 6.106(F) names what the court weighs: prior record, history of appearing in court, ties to the community, the seriousness of the charge, and more. The sibling guide what bond and bail mean explains each option.
What you decide: a lawyer and a plea
Two things at the arraignment are yours.
- Whether to ask for a lawyer. Under MCR 6.104(A) you are entitled to a lawyer at the arraignment itself unless you waive one or the court issues a personal bond and takes no guilty or no contest plea. In a misdemeanor case, MCR 6.610(D)(2) gives an indigent defendant an appointed lawyer whenever the charge carries a minimum jail term or the court might impose jail, even suspended. Say so and the court refers you to the local appointing authority under MCR 6.005(B). The Michigan Indigent Defense Commission’s standards call for counsel at the first hearing, and its FAQ explains how the request works.
- Whether to enter a plea, in a misdemeanor case. MCR 6.301(A) lists the pleas: not guilty, guilty, no contest, guilty but mentally ill, and not guilty by reason of insanity; if you stand mute, the court enters not guilty. A no contest plea needs the court’s consent under MCR 6.301(B). Before accepting a guilty or no contest plea the court must find it understanding, voluntary and accurate under MCR 6.610(F)(1); once accepted, the case moves to sentencing, not a trial. MCR 6.610(D)(4) lets the court allow a represented defendant to enter a not guilty plea in writing without a formal arraignment.
- In a felony case, no plea is taken. MCR 6.104(E) bars the court from requesting one. The plea comes later, if at all, in circuit court.
District court and circuit court arraignments
The arraignment described above happens in district court for every case, misdemeanor or felony, because MCL 600.8311(c) gives the district court jurisdiction over arraignments and bail in all cases. A misdemeanor never leaves that court.
A felony has a second arraignment. After the preliminary examination, MCL 766.13 requires the magistrate to bind the defendant over to appear within 14 days for arraignment in circuit court; in Kent County that is the 17th Circuit Court. Under MCR 6.113(B) the prosecutor gives you a copy of the information, the court states the charge or has it read, and a plea is entered; if you offer anything other than not guilty, the plea rules in MCR 6.302 apply, and the court must find the plea understanding, voluntary and accurate. Under MCR 6.113(C) a defendant with a lawyer may skip the hearing by filing a signed written statement pleading not guilty or standing mute, and under MCR 6.113(E) a circuit court may adopt a local administrative order eliminating arraignments for represented defendants. Whether your circuit court does so is a question for your lawyer or the clerk.
The felony sequence between the two arraignments is explained in what happens after an arrest. The charge-specific versions are the domestic violence guide’s arraignment in a domestic violence case and the OWI guide’s OWI arraignment.
After the arraignment, and when a lawyer matters
Leaving the arraignment, you should have three things: the release order with every condition, the next court date, and a decision about a lawyer. For a misdemeanor the next date is usually a pretrial conference under MCR 6.610(B). For a felony it is the probable cause conference, set under MCL 766.4(1) for 7 to 14 days out, with the preliminary examination 5 to 7 days after that. The sibling guide how to prepare for an arraignment covers what to wear, what to bring and what to say.
A lawyer matters at this stage most when you are tempted to plead guilty to "get it over with." The site’s post should I plead guilty at arraignment explains why many lawyers advise against it: a guilty plea accepted under MCR 6.610(F) moves the case straight to sentencing, and options that depend on a not guilty plea or a negotiated agreement can close with it. A lawyer also matters when bond conditions are unworkable, since a motion to modify under MCR 6.106(H) is the only route to change them.
The office of Attorney Shawn Haff, a criminal defense practice in Michigan state courts with offices in Wyoming and Grand Rapids, offers a free consultation at 616-438-6719, answered 24 hours a day; the contact page has the details. If your arraignment is tomorrow, calling today is still worth it.
Common questions
Do I have to enter a plea at my arraignment in Michigan?
In a felony case, no; MCR 6.104(E) says the court may not request a plea at the district court arraignment. In a misdemeanor case a plea can be entered, and if you stand mute the court enters not guilty under MCR 6.301(A). A guilty or no contest plea must be found understanding, voluntary and accurate under MCR 6.610(F)(1), and once accepted the case moves to sentencing. Many lawyers advise a not guilty plea at this stage so that the evidence can be reviewed first; the decision is yours and should be made with counsel.
Can I go to jail at my arraignment?
It is possible. Under MCR 6.106(A) the court decides at arraignment whether you are held, released on personal recognizance or released on conditions with or without money bail. A person who cannot post the money bail set stays in custody until it is posted or the court modifies the order under MCR 6.106(H). Outright denial of release is limited to the serious charges listed in MCR 6.106(B), and MCR 6.106(C) makes release on personal recognizance the default for everyone else unless the court finds a reason not to.
Will my arraignment be by video?
If you are in custody, probably. MCR 6.006(C)(1) makes two-way video the preferred mode for arraignments and probable cause conferences of in-custody defendants in district court, and MCR 6.104(A) allows arraignment by video. A participant may ask to appear in person, and the court may find a case unsuited to video. If you were released on a ticket or bond, you usually appear in the courtroom. Each court sets its own schedule and practice, so read the notice and call the clerk if it is unclear.
What is the difference between an arraignment and a pretrial?
The arraignment is the first appearance, where the charge and rights are stated and release is decided under MCR 6.104 and MCR 6.106. The pretrial conference comes later. In a misdemeanor case, MCR 6.610(B) lets the court direct the prosecutor, the defendant and defense counsel to appear for one, and it is usually where plea discussions happen and motions are scheduled. In a felony case the corresponding early meeting is the probable cause conference under MCL 766.4, held 7 to 14 days after arraignment.
Can my lawyer handle the arraignment without me?
Sometimes. In a misdemeanor case, MCR 6.610(D)(4) lets the court allow a not guilty plea or standing mute without a formal arraignment through a written statement signed by you and your lawyer. In circuit court, MCR 6.113(C) gives a represented defendant the right to do the same by written statement, and MCR 6.113(E) lets a circuit court eliminate the hearing for represented defendants. If you are in custody, or the court does not allow it, you appear in person or by video. Ask your lawyer what the particular court permits.
Sources
- Michigan Court Rules, chapter 6 (MCR 6.005, 6.006, 6.104, 6.106, 6.113, 6.301, 6.302, 6.610) · Michigan Courts
- MCL 766.4, Probable cause conference; preliminary examination · Michigan Legislature
- MCL 766.13, Bind-over to circuit court for arraignment within 14 days · Michigan Legislature
- MCL 600.8311, District court jurisdiction over arraignments and bail · Michigan Legislature
- MCL 600.8511, Powers of a district court magistrate · Michigan Legislature
- Michigan Indigent Defense Commission, FAQ on court-appointed counsel · Michigan Indigent Defense Commission
Legal information, not legal advice. This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Check the sources linked above and talk to a licensed Michigan attorney about your own situation. In an emergency, call 911.