What is an arraignment?
An arraignment is the first formal court hearing in a criminal proceeding. Michigan Court Rules require the arraignment to be conducted “without unnecessary delay” if the accused has been arrested and is in custody. The arraignment is usually conducted by a magistrate (an appointed individual who performs limited Judicial duties) but is sometimes handled by a Judge.
What happens at an arraignment?
At an arraignment, the defendant will be read the Complaint (the charging document that describes the charges alleged and possible penalties), informed of their rights as a criminal defendant (including the right to an attorney), and conditions of pretrial release will be addressed. A defendant has the right to the assistance of an attorney at their arraignment. If a defendant is not able to hire an attorney before the arraignment or cannot afford one, an attorney will be provided at no cost to the defendant for the purpose of the arraignment. A defendant may then request an attorney to be appointed to represent them through the rest of their case or hire an attorney to substitute for them. The magistrate or judge will then address the condition of pretrial release.
What is pretrial release / “bond”?
Under Michigan law (MCL 765.6), a defendant in a criminal case has the right to pretrial release (“bond”) except in limited circumstances. For less serious crimes, a defendant may be released on “personal recognizance,” which simply means that the defendant promises to appear for all Court proceedings. The Court may also order conditions on the defendant’s bond. Conditions of bond or “bond orders” may include bail, which is an amount of money that the accused must pay to the Court as collateral to ensure that they appear for future Court proceedings. Bond orders can also include requirements for drug/alcohol screening, restrictions on contact with specified individuals, prohibitions on leaving the State of Michigan without permission from the Court, or any other conditions “reasonably necessary to ensure the defendant’s appearance as required and the safety of the public” (MCR 6.106).
Suppose a defendant violates a condition of the bond order. In that case, the judge can amend the bond orders, order the defendant to be put in jail for a defined period of time, or revoke the bond of the accused (meaning that the defendant is held in jail while their case is pending.)
What happens next?
After the arraignment, the defendant’s criminal case will then be set for a pre-trial conference (in misdemeanor cases), or a probable cause conference (in felony cases). These hearings are usually the first official proceedings at which the Defendant’s attorney and the prosecutor will discuss the facts of the case and determine if a resolution can be reached without a trial.