What Happens at a Pretrial Conference in Michigan

Your notice says "pretrial" and nobody explained what that means

The word sounds like the start of a trial. It is not. A pretrial conference is a working meeting on the court's calendar. In a misdemeanor case, MCR 6.610(B) lets the district court, on its own or on a motion, direct the prosecutor, the defendant and the defense lawyer to appear, and lets the court require pretrial motions and "collateral matters" to be filed and argued no later than that conference.

Felony cases have a counterpart in district court called the probable cause conference, set 7 to 14 days after arraignment under MCL 766.4(1). MCR 6.108(C) says it "shall include discussions regarding a possible plea agreement" and may cover bail and other pretrial matters. After a felony is bound over to circuit court, the circuit judge typically sets further pretrial or status dates; the court rules do not fix a single agenda for those, and scheduling is set by each court. The felony hearing that decides probable cause is a different event, explained in what a preliminary exam is.

This page is general information about Michigan criminal procedure, not advice about your case. Pretrial practice in Kent County varies by court and by courtroom, so the details that matter most for you are the ones your lawyer or the clerk can confirm.

What usually happens at a pretrial

The rule does not list an agenda, but the same handful of things come up in most courtrooms.

• Discovery is exchanged. Under MCR 6.201(A) each side must, on request, provide the names of witnesses it may call, witness statements, reports from any scientific or technical witnesses, and the chance to inspect physical evidence. Under MCR 6.201(C) the prosecutor must also provide any exculpatory information, police reports, your own statements, search warrant materials and any deals with witnesses. MCR 6.201(G) gives the prosecutor 21 days from the request to comply. MCR 6.610(E) applies these rules, except subrule (A), in misdemeanor cases.
• A plea offer may be discussed. The prosecutor may propose a reduced charge, a sentence agreement or nothing at all. Any plea the court takes must be understanding, voluntary and accurate (MCR 6.610(F); MCR 6.302(A)).
• Motion deadlines are set. The court can tie the deadline for a motion to suppress or dismiss to the pretrial date (MCR 6.610(B)).
• A trial date or another pretrial is set. Adjournments are common. In a misdemeanor OWI case, MCL 257.625b(2) requires the pretrial within 35 days of arrest and allows each party one adjournment of up to 14 days for good cause.
• Bond can be revisited. At a felony probable cause conference, bail and bond modification are expressly on the list (MCL 766.4(1)(b)). In any case, a lawyer can ask the court to modify release conditions by motion under MCR 6.106(H).

Whether you have to be there, and how long it takes

Plan on attending. MCR 6.610(B) names the defendant among the people the court may direct to appear. For misdemeanor OWI charges the statute itself orders the court to schedule the conference "between the prosecuting attorney, the defendant, and the defendant's attorney" (MCL 257.625b(2)).

The conference itself is often short. Much of the morning can be spent waiting while the lawyers talk in the hallway or at the prosecutor's table and other cases are called. Courts differ on whether pretrials are held in person or by video and on whether a lawyer may handle the conference while the client stands by. That is local practice, not a rule, so ask before you take the day off work.

Missing the date is a different matter. MCR 6.106(I) lets the court issue a warrant and revoke release when a defendant fails to comply with a release order, and MCR 6.103(A) sets a 48-hour waiting period before a bench warrant for a missed appearance that does not apply in assaultive and domestic violence cases. If you cannot make it, call the court and your lawyer before the hearing, not after.

What you decide there, and what you do not have to decide

You may be asked to respond to an offer. You do not have to accept one at the pretrial, and you do not have to decide between a plea and a trial on the spot. If you say no, the usual result is another date: a motion hearing, another pretrial or a trial. The trade-offs are laid out in plea vs. trial.

Two things to keep in mind while you decide. First, the Michigan Constitution gives you the right to a jury trial, and in a misdemeanor case that jury may have fewer than 12 members (Const 1963, art 1, sec 20; MCL 600.8355 sets six in district court). Second, a plea cannot be accepted unless the court has told you the rights you are giving up and the maximum penalty (MCR 6.610(F)). Nobody can shortcut that advice, so a decision made in a hallway is not final until the judge takes it on the record.

What is not decided at a pretrial: guilt. No witnesses testify, no evidence is admitted, and the judge does not weigh the facts. If the case does not resolve, those questions wait for trial.

What to have thought about before you walk in

The pretrial goes better for the person who has done some thinking beforehand. A short list:

• What you want to ask your lawyer, and what you have not told your lawyer yet. Questions to ask a criminal defense lawyer is a starting point.
• Whether you have received and read the discovery, and whether anything in the police report is wrong or missing.
• What a conviction would mean beyond the sentence: your driver license, a professional license, immigration status, firearm rights, housing or a job that runs background checks.
• Whether you are complying with every bond condition, since the prosecutor and judge will know if you are not.
• Whether any witness, text message, receipt or video exists that your lawyer should have before talking to the prosecutor.

Next steps, and when a lawyer matters for your own case

If your charge is domestic violence or drunk driving, the deeper pages already on this site walk through the pretrial for that charge: the pretrial conference in a domestic violence case and the pretrial conference in an OWI case. The firm's practice areas page covers the rest of the charges it handles.

A lawyer matters at the pretrial because this is where offers are made and deadlines set. MIDC Standard 4(B) requires appointed counsel at pretrial proceedings and during plea negotiations for people who qualify, and MCR 6.610(D)(2) gives an indigent defendant a right to appointed counsel whenever jail is possible. 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; the contact page has both office addresses. Bring your paperwork and your questions, and talk to a lawyer about your own facts before the date.