Criminal Arraignment in Michigan – First Court Appearance

For most people facing criminal charges in Michigan, their first court appearance is an arraignment, a proceeding that places them in an unfamiliar and often intimidating world. The language and rules are foreign, and the proceedings seem governed by customs everyone understands except them.

What makes the experience particularly frightening for our clients is finding themselves there as a criminal defendant, a role is usually profoundly inconsistent with your sense of who you are. Although an arraignment may last only a few minutes, what happens can have significant consequences for the rest of your case.

A Michigan criminal arraignment serves several purposes. It provides formal notice of the criminal accusation, establishes the conditions of any applicable bond, and in the most serious felonies, also involves a decision about whether the accused will remain in custody or be released while the case proceeds. For someone charged with drunk driving, a firearm offense, a sex crime, or another Michigan criminal offense, understanding this first step can reduce uncertainty and help avoid mistakes.

Not every arraignment follows the same procedure and there are often subtle differences from courtroom to courtroom. Michigan distinguishes between misdemeanor arraignments, initial felony arraignments, and the later arraignment that may occur in circuit court after a felony case has been bound over for trial. These distinctions help define the court’s responsibilities and the decisions made at each stage are different. Discussing these factors with your lawyer can help you anticipate what to expect in your case.

What Is a Michigan Criminal Arraignment?

An arraignment is a formal judicial proceeding at which the person accused of a crime is informed of the charges and certain legal rights. It usually occurs early in a criminal prosecution, after a complaint has been filed and the accused has been arrested, summoned, or otherwise directed to appear before the court.

The criminal complaint identifies the nature of the accusation, very general facts in support, and the statute allegedly violated. The arraignment does not determine whether the allegations are true, whether the prosecution has sufficient evidence to obtain a conviction, or whether the accused has a valid defense. Those questions are ordinarily addressed later, after counsel has had an opportunity to review the evidence and investigate the circumstances.

Michigan’s arraignment procedures are governed principally by MCR 6.104, MCR 6.610(D), and MCR 6.113, depending on the type and stage of the prosecution. These rules are published in the Michigan Court Rules maintained by the Michigan judiciary.

When Does a Michigan Criminal Arraignment Take Place?

The timing depends on how the case begins. When someone is arrested and remains in custody, Michigan generally requires arraignment without unnecessary delay, often by video from the jail because MCR 6.104(A) permits qualifying proceedings through two-way interactive video technology.

But not every criminal case begins with an arrest followed immediately by arraignment. Sometimes a person is released after an investigation while the prosecutor considers whether to authorize charges. In other cases, the court issues a summons directing the accused to appear on a later date.

This distinction is particularly important in Michigan DUI cases involving blood testing. A person may be arrested, released, and then wait weeks or longer before receiving formal notice that a criminal charge has been filed. The absence of an immediate arraignment does not necessarily mean the prosecution has decided against filing charges. Instead, it simply reflects the amount of time necessary to have the blood samples sent to the MSP forensic lab in Lansing, Michigan where it is later tested and the results reported back to the police and/or prosecuting attorney overseeing the charge.

For a more detailed discussion, see How Long After My Michigan DUI Arrest Will I Actually Get Charged? That article addresses the period between an arrest and the filing of criminal charges.

If you have received a notice to appear, you should confirm the court, case number, date, and whether your personal appearance is required. A lawyer may be able to obtain additional information before that first scheduled hearing.

What Happens at a Michigan Misdemeanor Arraignment?

Most first-offense Michigan DUI cases are misdemeanors, as are many other criminal charges prosecuted in district court. Their arraignments are governed principally by MCR 6.610(D).

Under that rule, the court must provide information about the nature of the charge, the maximum possible sentence, and applicable rights, including the right to counsel and the right to trial. The rule also addresses appointment of counsel when the accused cannot afford representation.

In a typical misdemeanor arraignment, the court identifies the charge and its possible penalties. The defendant is advised of relevant rights, and a plea may be entered. If the case will proceed, the court ordinarily schedules further proceedings and addresses pretrial release when necessary.

The accused may stand mute, in which case a not-guilty plea is entered. A not-guilty plea does not mean the defendant has committed to taking the case to trial. It simply preserves the opportunity to investigate the allegations, examine the evidence, and consider all available options before making a final decision.

Although guilty pleas can be entered at misdemeanor arraignments when the applicable requirements are satisfied, doing so before the evidence and consequences have been evaluated may be unwise. This is particularly true when a conviction could affect professional licensing, employment, driving privileges, or other matters beyond the immediate criminal penalties.

The arraignment is not the proceeding at which the prosecution presents its entire case or the defense litigates the merits of the accusation.

How Is a Michigan Felony Arraignment Different?

Michigan felony prosecutions ordinarily begin in district court, even though the case may ultimately be tried in circuit court. The initial felony arraignment is governed by MCR 6.104.

The court informs the accused of the nature of the charge and the applicable statutory penalties, provides the required rights advisements, addresses pretrial release, and schedules the next preliminary proceedings.

Following the initial felony arraignment, the case generally proceeds to a probable cause conference and, unless waived or otherwise resolved, a preliminary examination. These proceedings serve different purposes and should not be confused with the arraignment itself.

The preliminary examination is especially important because it provides an opportunity to test whether sufficient evidence exists to bind the defendant over for trial in circuit court. It may also give defense counsel an opportunity to examine witnesses and develop information relevant to the defense.

For more information, see What Is a Preliminary Examination in Michigan? This article explains the hearing and its role in determining whether a felony prosecution proceeds to circuit court.

Readers seeking a broader explanation of the entire felony process should also consult our Overview of Felony Criminal Procedure in Michigan.

What Is the Arraignment on the Information in Circuit Court?

A felony defendant may encounter a second arraignment after the district court binds the case over for trial in circuit court. This proceeding is called the arraignment on the information.

The information is the formal charging document filed in circuit court and may reflect charges different from those originally alleged. It is not the same document as the original district court complaint and warrant.

Under MCR 6.113, the accused must receive the information before being asked to plead. Unless waived, the court must state the substance of the charge or have the information read. When the defendant offers a plea other than not guilty, the court must follow the applicable plea-taking rules.

A represented defendant may waive arraignment through the written statement prescribed by MCR 6.113(C). Some circuit courts also have authorized procedures eliminating a separate arraignment for represented defendants while preserving the required notice.

The second arraignment should not be confused with the original district court proceeding. By this stage, a felony prosecution has progressed considerably, and different strategic considerations may arise.

Can You Waive Your Michigan Criminal Arraignment?

Sometimes. The answer depends on the charge, court, and type of arraignment.

In misdemeanor cases, MCR 6.610(D)(4) permits the court to allow a written not-guilty plea or a statement standing mute without formal arraignment, provided the required information and signatures are included. The court may require appropriate bond arrangements as a condition.

In circuit court felony cases, MCR 6.113(C) permits a represented defendant to waive arraignment on the information through a written statement signed by the defendant and counsel.

The availability of these procedures does not mean every defendant can simply skip a scheduled appearance. A waiver of arraignment, a waiver of the formal reading of the charge and permission to appear remotely, are different procedural matters.

Until the court has accepted the appropriate waiver of the first arraignment, which is not the prevailing procedure in most courts, the safest course is to treat the scheduled appearance as mandatory.

What Happens With Bond at Arraignment?

For many defendants, pretrial release is the most immediately consequential issue addressed at arraignment.

Under MCR 6.106, the court addresses whether the defendant will remain in custody, be released on personal recognizance or an unsecured bond, or be released subject to financial or nonfinancial conditions.

Bond is not a sentence, and its purpose is not to punish a person before conviction. Instead, the court is focused on protecting public safety and ensuring future appearances.

The conditions imposed may affect a defendant’s employment, travel, family responsibilities, medical treatment, and daily routine. In a DUI prosecution, alcohol abstinence and testing requirements are common examples.

An accused may be released without depositing money yet still be required to comply with substantial restrictions. These conditions can sometimes prove more disruptive than the financial bond itself.

Because we address these subjects in detail elsewhere, readers should consult our separate explanations of Understanding Bond in Michigan Criminal Cases and Conditions of Bond During Pretrial Release in Michigan.

The important point for arraignment is that counsel should consider the client’s circumstances before the hearing, not merely react after conditions have been imposed.

Why Having a Lawyer Before Arraignment Can Matter

Many people assume there is little reason to retain counsel until the first pretrial conference because the arraignment itself is so brief. I think that understates the value of early representation.

An attorney can determine whether formal charges have been filed, identify the relevant court and allegations, evaluate whether an appearance or waiver is appropriate, argue for a relaxation or modification of certain bond conditions, and prepare the defendant for what will occur. If pretrial release is at issue, counsel can also present information concerning employment, family obligations, prior compliance, and other circumstances relevant to the court’s decision.

Just as importantly, early representation helps prevent an accused person from making uninformed statements or decisions before the defense has reviewed the evidence.

For a licensed professional, business owner, or someone whose employment involves travel, even a seemingly routine pretrial restriction, such as not being able to leave the State without the Court’s permission, may have serious practical consequences. These matters are easier to address when counsel knows about them before the first hearing.

There is no guarantee that representation will change the court’s decision. But effective preparation allows the court to consider information that might otherwise never be presented.

For additional discussion, see When Should I Hire a DUI Attorney in Michigan?

How Should You Prepare for Your First Court Appearance?

Before a scheduled arraignment, confirm whether the case is a misdemeanor or felony, identify the court, and carefully review any written notice or existing release order.

If you have counsel, provide information about your employment schedule, travel obligations, health-related needs, existing treatment, residence status including ties to the State, and other circumstances that may affect your ability to comply with court orders.

Bring whatever documents your attorney or the court has requested, arrive or connect to the hearing as directed, and avoid discussing the underlying allegations with anyone other than your lawyer.

If the court imposes conditions of release, obtain and carefully review the written order. Do not assume that a condition mentioned during the hearing is the only obligation you must follow.

The fact that arraignment is preliminary does not make the court’s orders optional.

Can You Go to Jail at a Michigan Arraignment?

Yes. Depending on the circumstances, a defendant may remain in custody or be detained following arraignment. And for most people facing criminal charges in Michigan, one of the greatest fears about arraignment is the possibility of being taken into custody. But, the Michigan Constitution guarantees most criminal defendants the right to bail while their cases are pending. This right may be denied only in narrowly defined circumstances, generally involving certain particularly serious offenses or qualifying histories of violent crimes. Const 1963, art 1, § 15.

Consequently, in most criminal cases, the question at arraignment is not whether the defendant will be permitted to remain free, but what conditions the court may impose on that freedom. Under MCR 6.106, the court generally must begin by considering release on personal recognizance or an unsecured bond, although additional conditions or financial requirements may be imposed when justified by the circumstances.

Exceptions exist for certain particularly serious offenses, including murder and first-degree criminal sexual conduct, but even in those cases, denial of bail is not automatic and requires specific legal findings.

Whether release is available depends on the governing legal standards and facts of the case. The possibility of detention is one reason arraignment preparation can be important, particularly when the accused is appearing voluntarily or when there are questions about an existing warrant.

What Happens After the Arraignment in Michigan?

In a misdemeanor case, the court typically schedules a pretrial conference or another appropriate hearing. The defense then proceeds with discovery, investigation, and consideration of possible legal challenges.

In a felony case, the next proceedings ordinarily include the probable cause conference and preliminary examination. If the case is bound over, additional proceedings occur in circuit court.

The timing and sequence can vary according to the charge, court, waivers, scheduling orders, and developments in the case.

Our broader guide to Michigan Criminal Procedure explains how these proceedings fit into the progression of a criminal case.

Frequently Asked Questions About Michigan Criminal Arraignment

Do I Have to Plead Guilty or Not Guilty at My Arraignment?

Not necessarily. In a misdemeanor case, a plea may be entered, and the defendant may stand mute. At an initial felony arraignment under MCR 6.104, the court may not request a plea. Circuit court arraignments on the information have their own procedures.

Can My Attorney Appear at Arraignment Without Me?

In some Michigan criminal cases, your attorney may be able to arrange for you to avoid personally attending a formal arraignment. For misdemeanor charges, MCR 6.610(D)(4) allows the court to accept a written not-guilty plea or statement standing mute, signed by the defendant and defense counsel, in place of a formal arraignment. The court must approve this procedure and may require appropriate bond arrangements.

For felony cases that have reached circuit court, MCR 6.113(C) permits a defendant represented by counsel to waive arraignment on the information as a matter of right by filing the required written statement. These rules permit the arraignment itself to be waived, rather than giving attorneys a general right to appear in place of their clients. Unless the court has excused your attendance or the applicable waiver procedure has been completed, you should assume that your appearance is required.

Is Arraignment the Same as a Pretrial?

No. Arraignment concerns the initial charge, procedural rights, and related matters. A pretrial conference generally occurs later and can involve discovery, scheduling, negotiations, and preparation for motions or trial.

Will I Find Out All the Evidence Against Me at Arraignment?

Usually not. The criminal complaint identifies the allegations, but the evidence supporting the prosecution’s case ordinarily becomes available through discovery and subsequent proceedings.

What If I Missed My Arraignment?

Contact your lawyer promptly. Michigan’s failure-to-appear rules may provide opportunities to address certain missed appearances before a bench warrant issues, but exceptions apply, and the legal consequences can be significant. Do not assume that a missed hearing will be automatically rescheduled.

Michigan Criminal Arraignment and the Importance of Early Preparation

The arraignment is usually only the beginning of a criminal prosecution. It does not determine guilt or innocence, and many of the most important decisions about the defense come later.

Nevertheless, the first court appearance can affect the accused’s freedom, employment, family responsibilities, and ability to participate meaningfully in preparing a defense.

At Barone Defense Firm, we represent people facing DUI and OWI charges, serious felony allegations, firearm offenses, sex crime charges, and other criminal prosecutions throughout Michigan. Our approach begins with understanding both the evidence and the individual consequences of the charge.

If you have received a summons, learned that a warrant has been issued, or have an upcoming criminal arraignment, obtaining legal advice before the hearing can help you understand the process and prepare appropriately.

About Patrick Barone

Patrick T. Barone is the founding and managing attorney of Barone Defense Firm in Birmingham, Michigan. He is nationally recognized for his work in DUI and OWI defense and is a co-author of Defending Drinking Drivers, a leading national treatise addressing the law, science, and litigation of impaired-driving cases.

His legal writing includes five books, six book chapters, and more than 130 articles addressing law and science. His academic background in biology and philosophy of science informs his approach to forensic evidence, while his litigation experience reflects a broader commitment to protecting the rights of people accused of criminal offenses.

Barone is also a Board Certified Trainer, Educator, and Practitioner in psychodrama, sociometry, and group psychotherapy. That training informs his work in trial advocacy, client counseling, and legal education.

Together with his colleagues, the attorneys at Barone Defense Firm bring more than 85 years of combined experience to the defense of criminal allegations throughout Michigan.

Legal Sources and Further Reading

The following Michigan Court Rules govern criminal arraignment and related proceedings:

1. MCR 6.101: Criminal Complaint.
2. MCR 6.102: Arrest Warrants and Summonses.
3. MCR 6.103: Failure to Appear.
4. MCR 6.104: Arraignment on the Warrant or Complaint.
5. MCR 6.105: Voluntary Appearance.
6. MCR 6.106: Pretrial Release.
7. MCR 6.113: Arraignment on the Indictment or Information.
8. MCR 6.610(D): District Court Misdemeanor Arraignment.

The official rules are available through the Michigan Supreme Court’s Court Rules website.