Timeline of a Misdemeanor Domestic Violence Case in Michigan

A misdemeanor domestic violence case in Michigan is handled in district court from the first court date to the sentence.^[1] This guide follows it through five stages: arraignment, a pretrial conference if the court sets one, discovery and motions, a plea or a trial, and sentencing. There is no fixed number of days for the whole process; the speedy-trial right is a balancing test, and scheduling differs from one court to the next.^[6]

This page walks through each stage in order and names the rule that governs it. Each stage has its own guide in this library, linked below.

Which domestic violence charges are misdemeanors?

Charge	Statute	Maximum penalty
Domestic assault, first offense	MCL 750.81(2)	Misdemeanor: up to 93 days in jail, a fine of up to $500, or both[7]
Domestic assault with one prior qualifying conviction	MCL 750.81(4)	Misdemeanor: up to 1 year in jail, a fine of up to $1,000, or both[8]
Aggravated domestic assault	MCL 750.81a(2)	Misdemeanor: up to 1 year in jail, a fine of up to $1,000, or both[9]

A domestic assault by a person with two or more prior qualifying convictions, and an aggravated domestic assault by a person with a prior qualifying conviction, are felonies.^[10][11] Those cases follow the path described in the felony case timeline. For how the two categories differ, see Misdemeanor or felony?

The stages at a glance

Stage	What happens	Governing rule
1. Arraignment	The defendant is told the name of the offense, the maximum sentence, and the rights to an attorney and to a trial; release terms are set	MCR 6.610(D); MCR 6.106[12][13]
2. Pretrial conference	If the court directs one, the prosecutor, the defendant and any defense attorney appear; the court may require motions to be filed and argued by this date	MCR 6.610(B)[2]
3. Discovery and motions	Each side must comply with a discovery request within 21 days unless the court orders otherwise	MCR 6.610(E); MCR 6.201[3][14]
4. Plea or trial	A plea is taken only after the court's advice of rights; otherwise the case is tried to a 6-person jury or, with a jury waiver, to the judge	MCR 6.610(F); MCR 6.620; MCL 763.3[15][16][17]
5. Sentencing	Both sides and any victim present may speak; the court must order full restitution	MCR 6.610(G)[18][19]

Stage 1: Arraignment

An arrested person must be taken before a court for arraignment without unnecessary delay, in person or by two-way interactive video.^[20] A person arrested for domestic assault is not released by the police on an interim bond first; the person is held until arraignment or until a judge or district court magistrate sets bond.^[21][22] How long that takes is covered in How long are you held after an arrest?

At the arraignment on a district court offense, the defendant must be informed of the name of the offense, the maximum sentence permitted by law, the right to an attorney at all court proceedings, the right to an appointed attorney when that applies, and the right to a trial, including a jury trial when required by law.^[12] An indigent defendant has a right to an appointed attorney whenever the charge carries a minimum jail term or the court determines it might impose a jail sentence, even a suspended one.^[23]

The court then decides release. It must order that the defendant be held, released on personal recognizance or an unsecured appearance bond, or released conditionally with or without money bail.^[13] Conditions can include no contact with a named person, and the court may make a no-contact condition effective immediately, even while the defendant is still in custody.^[24][25] See The arraignment, Bond conditions and No-contact orders explained.

Stage 2: The pretrial conference

Under MCR 6.610(B), the district court may direct the prosecutor, the defendant and any defense attorney to appear for a pretrial conference, and may require collateral matters and pretrial motions to be filed and argued no later than that conference.^[2] The rule sets no agenda for the conference; it can be the point at which the two sides discuss whether the case will be resolved by a plea or set for trial.

The complaining witness has a statutory role at this stage. Domestic assault is a "serious misdemeanor" under the Crime Victim's Rights Act, and before finalizing any negotiation that may result in a dismissal, a plea or sentence bargain, or pretrial diversion, the prosecuting attorney must offer the victim the opportunity to consult about it.^[26][27] That is a right to be heard, not a power to end the case: the prosecutor alone has the authority to decide whether to prosecute.^[28] More detail is in The pretrial conference and Can the victim drop the charges?

Stage 3: Discovery and motions

Older sources say there is no discovery in misdemeanor cases. That is out of date. MCR 6.610(E) applies the criminal discovery rule, MCR 6.201, to all misdemeanor proceedings, except that subrule (A) applies only if the defendant elects to request discovery under it.^[3] The change took effect May 1, 2020.^[29]

On request, the prosecuting attorney must provide exculpatory information, police reports and interrogation records, and the defendant's own written or recorded statements.^[30] Unless the court orders otherwise, a party must comply within 21 days of a request, and there is a continuing duty to disclose newly discovered material.^[14] If the prosecutor plans to use the complaining witness's statement to police under MCL 768.27c, or evidence of other acts of domestic violence under MCL 768.27b, the evidence must be disclosed at least 15 days before the scheduled trial date unless the court allows later disclosure for good cause.^[31][32] See Discovery: what evidence each side must share and Motions to suppress evidence.

Stage 4: A plea or a trial

If the case ends in a plea

Before accepting a guilty or no-contest plea in district court, the judge must advise the defendant of the right to an attorney, any mandatory minimum jail sentence, the maximum possible penalty, and the trial rights the plea gives up.^[15] The court must make any plea agreement part of the record and determine that the parties agree on all of its terms.^[33] See Plea bargains in domestic violence cases and Guilty, not guilty or no contest.

If the case goes to trial

A defendant has a right to a jury trial in a misdemeanor case.^[4] The district court jury has 6 members, each side has three peremptory challenges, and the verdict must be unanimous.^[16][34][5] A defendant may instead be tried by the judge alone, but only with the consent of the prosecutor and the approval of the court.^[17] At trial the defendant is presumed innocent and the prosecutor must prove guilt beyond a reasonable doubt.^[35] The trial itself is described in What happens at a domestic violence trial.

Stage 5: Sentencing, deferral or dismissal

If the defendant is acquitted, the case is over. If the defendant pleads guilty or is found guilty, the case moves to sentencing. Before imposing sentence the court must give the defense attorney, the defendant and the prosecutor a chance to speak, and must address any victim who is present and permit an impact statement.^[18] The court must order the amount of restitution needed to make full restitution to any victim.^[19]

The sentence for a first-offense domestic assault can be up to 93 days in jail, a fine of up to $500, or both.^[7] Under MCL 771.2(1), the probation period for an offense that is not a felony must not exceed 2 years.^[36]

One alternative is specific to domestic assault. Under MCL 769.4a, after a guilty plea or a finding of guilt, the court may defer entering a judgment of guilt and place the person on probation, with the consent of the accused and of the prosecuting attorney in consultation with the victim.^[37] It is available only to a person who has not previously been convicted of an assaultive crime.^[37] If the person fulfills the terms of probation, the court must discharge the person and dismiss the proceedings.^[38] A dismissal earned this way still counts as a prior conviction if the person is later charged with a repeat domestic assault.^[38] See The MCL 769.4a deferral explained and Possible outcomes of a domestic violence case.

How long can each stage take?

Michigan's rules set few hard deadlines for a misdemeanor case, and the speedy-trial right itself has no fixed number of days.^[6] These are the time limits that do exist:

• Speedy trial. Both the defendant and the People are entitled to a speedy trial. Courts weigh the length of the delay, the reason for it, the defendant's assertion of the right, and prejudice. A delay of 18 months or more is presumed prejudicial; with a shorter delay the defendant must show actual prejudice.^[6]
• Time in jail awaiting trial. A misdemeanor defendant who has been incarcerated for 28 days or more awaiting trial must be released on personal recognizance unless the court finds by clear and convincing evidence that the defendant is likely to fail to appear or to present a danger; adjournments the defendant's lawyer requested or consented to are among the periods not counted.^[39]
• Discovery. Twenty-one days from a request, unless the court orders otherwise.^[14]

Missing a court date has sharper consequences in a domestic violence case. Ordinarily a court must wait 48 hours before issuing a bench warrant so that the defendant can appear voluntarily, but that rule does not apply to an assaultive crime or a domestic violence offense.^[40]

What people get wrong about the misdemeanor process

"A misdemeanor is decided by 12 jurors." Twelve is the number for a felony trial.^[41] A district court jury has 6.^[16]

"The case has to be tried within 180 days." The 180-day rule applies to state prison inmates with untried charges, after notice from the Department of Corrections.^[42]

"The defendant can choose a judge instead of a jury." A jury waiver needs the prosecutor's consent and the court's approval.^[17]

"A plea under advisement is a standard program for a first offense." The court rules expressly allow a court to take a plea under advisement only in the felony plea rule, and the Criminal Proceedings Benchbook states that no similar provision exists for district court offenses.^[43] A statutory deferral for domestic assault does exist, in MCL 769.4a.^[37]