How to Prepare for a Domestic Violence Arraignment in Michigan

An arraignment follows steps set by court rule: the judge or magistrate tells you the charge, the maximum sentence and your rights, and then decides whether and on what conditions you are released while the case is pending.^[1][6] Preparing means knowing how you will handle the question of a lawyer, bringing the information the court uses to set bond, and knowing what not to say.

This page is a preparation checklist. What the hearing is, and where it sits in the case, is explained in The domestic violence arraignment in Michigan.

Step 1: Confirm when, where and how the hearing will be held

A person who is still in custody does not choose the time. The arrested person must be taken before a court for arraignment without unnecessary delay, in person or by two-way interactive video.^[7] For in-custody defendants, videoconferencing is the preferred mode for district court arraignments under the court rules.^[8]

A person who was released on an interim bond, or who received a notice in the mail, has a date to keep. The rule that ordinarily makes a court wait 48 hours before issuing a bench warrant for a missed appearance does not apply when the case is for a domestic violence offense.^[9] Call the court clerk to confirm the date, time, courtroom, and whether the hearing is in person. Family members looking for this information can use When a family member is arrested.

Step 2: Settle the question of a lawyer before you walk in

An arrested person is entitled to the assistance of an attorney at arraignment, unless the person makes an informed waiver of counsel or the court issues a personal bond and will not accept a guilty or no-contest plea at the arraignment.^[2] The court must tell you that you are entitled to a lawyer at all court proceedings and to a lawyer at public expense if you want one and cannot afford to retain one.^[10]

If you intend to ask for appointed counsel, bring what the screening will ask about. Indigency is decided no later than the first appearance, and the factors include income or funds from any source, property, outstanding obligations, the number and ages of dependents, employment history and education.^[11] Statements you make about your finances for that purpose must be made under oath or an equivalent affirmation.^[12] The ability to post bond does not make a person ineligible.^[10] Appointed counsel is not necessarily free of charge: a court may require a defendant who can pay part of the cost to contribute, and may impose the expenses of providing legal assistance as a cost on a defendant who pleads guilty or is found guilty.^[13][14]

If you intend to hire a lawyer, one retained before the hearing can appear at it. For people found eligible for appointed counsel, the state's indigent defense standard provides that representation includes the arraignment.^[15] If you intend to go without one, understand that in district court the right to an attorney is not waived unless you were informed of it and waived it in a writing placed in the file or orally on the record.^[16] The trade-offs are set out in Do you need a lawyer for a misdemeanor domestic violence charge?

Step 3: Bring what the court uses to decide release

The starting point is release on personal recognizance or an unsecured appearance bond, unless the court determines that such release will not reasonably ensure the defendant's appearance or will present a danger to the public.^[3] In deciding, the court considers the factors in MCR 6.106(F).^[17] The practical list below follows those factors; nothing on it guarantees a particular release decision.

What to bring or know	The factor it speaks to
Photo identification, the release paperwork or notice to appear, and any interim bond receipt	Identity and the record of what conditions already apply[18]
Your work schedule, employer's name, and how long you have worked there	Employment and financial history as it relates to the ability to post bail[17]
An address where you can live that is not the protected person's home, and who lives there	The court may restrict place of residence and bar entry to specified premises[4]
How long you have lived in the area and your family ties here	Community and family ties and length of residence[17]
The name of a responsible adult, other than the protected person, willing to vouch for you or help you get to court	Availability of responsible members of the community to vouch for or monitor the defendant[17]
Dates of any earlier cases and whether you appeared at every hearing	Prior criminal record and record of appearance or nonappearance[17]
Pay stubs or benefit letters	Financial history as it relates to bail, and eligibility for appointed counsel[17][11]

If the court finds, for reasons it states on the record, that appearance or public protection cannot otherwise be assured, it may require money bail. The rule gives the court two forms of money bail: one lets the defendant choose between a surety bond and a cash deposit of the full amount or of 10 percent of it, and the other requires a surety bond or cash for the full amount.^[19][20] If you need an interpreter, tell the court clerk before the hearing; a party with limited English proficiency is entitled to a court-appointed interpreter when one is necessary to meaningfully participate.^[21]

Step 4: Know what you will be told and asked

In a misdemeanor case in district court, the defendant must be informed of the name of the offense, the maximum sentence permitted by law, and the rights to an attorney at all proceedings, to an appointed attorney where the rule applies, and to a trial, including a jury trial when required by law.^[1] In a district court case a plea may be taken at the arraignment. The available pleas include not guilty, guilty and no contest, and a not-guilty plea is entered for a defendant who stands mute.^[22]

In a felony case the first arraignment works differently. The court states the offense and its maximum sentence, advises an unrepresented defendant of the right to remain silent and the right to a lawyer, sets the next dates, and decides release. It may not question the accused about the alleged offense or request a plea.^[5] The next dates are a probable cause conference 7 to 14 days after the arraignment and a preliminary examination 5 to 7 days after that conference.^[23][24]

A defendant who pleads guilty at arraignment gives up the trial rights the judge is required to list, including the presumption of innocence and proof beyond a reasonable doubt.^[25] Plea discussions have their own place later in the case: in a felony case the probable cause conference must include discussion of a possible plea agreement.^[26] The consequences that do not appear on the charging paper are collected in Plea or trial: how to think about the decision.

Step 5: Know what not to say

• Do not tell your side of the story to the judge. The arraignment does not decide what happened. Anything a person says can be used against him or her in court.^[27]
• Do not speak to, signal or message the complaining witness, in the hallway, the gallery or online. A no-contact condition can be effective immediately, even while a defendant is still in custody.^[28]
• Do not ask a relative to "explain things" to the witness or the prosecutor. On credible evidence of intimidation by the defendant or at the defendant's direction, the prosecuting attorney may move to revoke bond.^[29] The witness tampering statute is covered in Witness tampering and intimidation.
• Do not agree to a condition you cannot keep without saying so. If the order would bar you from your only residence or conflict with your work or parenting schedule, that can be raised with the judge then. Afterward, the party seeking a change has the burden of going forward on a motion to modify.^[30]
• Do not guess. If you do not understand a question about your rights, say that you do not understand it.

Step 6: Leave with the order and the next date

When a court releases a defendant subject to protective conditions it must inform the defendant, on the record or in a personally delivered writing, of the specific conditions and of the consequences of violating them: arrest without a warrant, possible forfeiture or revocation of bail, and new conditions.^[31] The order states the date the conditions take effect and the date it will expire.^[32] Read it before you leave the building and ask your lawyer about anything unclear, especially these points:

1. Who is the named person, and does the order cover children or other household members? If it conflicts with another court order, the most restrictive provision controls until the conflict is resolved.^[33]
2. Which addresses are you barred from entering?^[4]
3. Is there a firearm condition? A protective order may bar purchasing or possessing a firearm, and must do so when electronic monitoring is ordered.^[34]
4. Is there alcohol or drug testing, a tether, or a reporting duty?^[4][35]
5. What is the next hearing? In district court the judge may direct the parties to appear for a pretrial conference.^[36]

Living under the order day to day is covered in How to live with a no-contact order, and the range of conditions in Bond conditions in domestic violence cases. If a 10 percent deposit was posted for a crime governed by MCL 780.66, the court returns 90 percent of the deposit when the case ends and the conditions were met, or the entire deposit if the defendant is discharged from all obligations in the case and was not convicted of the charged crime.^[37] Other money a court can order is covered in Fines, costs and fees.