After an arrest in Michigan, the first court date is usually the arraignment. If you want to know what happens at a Michigan arraignment, start here. The hearing is short, and it is not a trial. The judge tells you the charge. The judge also explains rights that apply before you talk about the case, then decides whether you stay in custody or leave with conditions.
If you were arrested and not released, Michigan requires that first appearance without unnecessary delay. It can happen in the courtroom or by two-way video. The charge decides which rules apply, and a felony arraignment does not follow the same script as a misdemeanor the district court can handle.
Request a free consultation or call Hadd Law at 248-633-8000 before that hearing. The office serves Metro Detroit from Bingham Farms.
What happens at a Michigan arraignment
An arraignment is the court appearance where a magistrate or judge tells you the accusation and the rights that apply. If you are still in custody, the law requires that appearance without unnecessary delay. It can happen in the courtroom or by two-way video.
The Michigan Judicial Institute’s guidance on a prompt arraignment summarizes that rule. MCL 764.26 states the same duty for a person charged with a felony.
At the appearance, the court must tell the accused the name or nature of the offense, the maximum possible prison sentence, and any mandatory minimum sentence. If the person is not represented, the court must explain the right to remain silent and that anything said orally or in writing may be used in court. The person also has the right to a lawyer during questioning they agree to participate in, and the right to a lawyer at all proceedings.
A person who cannot afford to hire a lawyer may qualify for appointment through the local indigent criminal defense system. The right to counsel is generally part of the arraignment process unless counsel is knowingly and intelligently waived under the applicable court rule. The court must make sure these advisements are given and preserved in a verbatim record, so there is an exact record of what was said.
An arraignment is not a probable-cause hearing. The two steps do different jobs. Arraignment gives notice of the charges. Where the rules allow it, it is also the place to enter a plea. A probable-cause decision asks a narrower question. A judge decides whether the law allowed the arrest.
People often hear about a 48-hour limit. That limit is about probable cause after a warrantless arrest, and even that limit has exceptions. It is not a promise that the arraignment itself happens within 48 hours.
On a felony arraignment, the court may not question the accused about the alleged offense or ask for a plea. The point of that first appearance is narrower: put the charge and the rights on the record before an impartial judicial officer. Then move the case to the next date.
Felony and misdemeanor arraignments are not the same
The rule that applies depends on the charge. A Metro Detroit criminal defense case is either a felony or another offense the district court cannot try, or it is an offense the district court can handle. Those tracks do not use the same script.
For a felony or circuit-bound case, MCR 6.104(E) directs the court to explain the charge, its maximum possible prison sentence, and applicable rights. The court may not question the accused about the alleged offense or request a plea at arraignment. That means the hearing is not the time to give an account of what happened or try to resolve factual issues with the judge.
The court sets a probable cause conference 7 to 14 days after arraignment. It then sets a preliminary examination 5 to 7 days after that conference. Those are the next dates identified by the rule. The rule also provides for the right to counsel, including appointment through the local indigent criminal defense system when the person cannot hire a lawyer.
District-court offenses follow MCR 6.610(D). The court tells you the name of the offense and the maximum sentence. It also tells you about the right to a lawyer at every proceeding, appointed counsel when the rule applies, and a jury trial when the law requires one. That information can be spoken on the record or placed in a writing in the file.
A district court may allow a written not-guilty plea or a signed statement that the person will stand mute instead of requiring a personal appearance. Standing mute is not an admission of guilt. The court may require a bond as a condition of using this procedure.
| Felony or circuit-bound case | District-court offense | |
|---|---|---|
| Plea | The court may not request a plea at arraignment. | A written not-guilty plea or stand-mute statement may replace a personal appearance; standing mute does not admit guilt. |
| Lawyer | The accused has a right to a lawyer at arraignment and all court proceedings, subject to the rule’s limited waiver exceptions. | An indigent person has a right to appointed counsel when the offense requires a minimum jail term or the court might impose incarceration, even if suspended. |
| Next date | Probable cause conference 7 to 14 days after arraignment; preliminary examination 5 to 7 days after that conference. | The court sets the next date for that case. It is not the felony conference-and-exam schedule. |
On a district-court charge, the lawyer question can turn on the possible sentence. It can also turn on whether the court says it might impose jail, even a suspended jail term. Ask about counsel before you decide how to handle the hearing.
Where you appear, and what not to say
Where an arraignment happens can depend on how and where the arrest occurred. If police arrested you on a warrant, you generally go to the court named in that warrant. If the arrest was without a warrant, you generally go to a court in the judicial district where the alleged offense occurred. For a warrantless arrest, a complaint must be filed at or before arraignment.
An arrest outside the county may involve prompt transport to the proper court. Alternatively, you may have a preliminary appearance at the nearest available court, with a recognizance to appear in the proper court within 14 days. These procedures are set out in Michigan’s arraignment rules.
Preparation should focus on protecting your rights, not on trying to explain the case before you have legal advice:
- Confirm the court and appearance details. Ask where you are expected to appear and whether the arrest involved a warrant. If you are being held outside the county, ask what type of preliminary appearance is scheduled.
- Arrange legal advice as soon as possible. If you are deciding when to hire a criminal defense attorney, an arraignment is an important point to discuss with counsel. You have the right to a lawyer at arraignment unless that right is knowingly waived under the applicable rule.
- Do not guess, argue, or give a factual explanation. At a felony arraignment, the court may not question you about the alleged offense or request a plea. Do not explain the facts, argue that you are innocent, or guess at an answer simply because a question feels routine. Ask to speak with your lawyer before answering questions about the case.
Statements in court go on a verbatim record. The court can tell you the charge and the possible sentence. It can explain your rights and name the next step. It is still the wrong time to present a defense. Nothing here promises a result in a particular case.
Release and the next court date
Release is one of the decisions addressed at a Michigan arraignment. Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail under Michigan’s bail statute. The Michigan Constitution also addresses that right. This does not mean every person is released immediately or under the same terms. The judge makes the release decision based on the law and the circumstances before the court. The charge and the person’s history can be relevant considerations, among others.
Michigan Court Rule 6.106(A) applies unless a release order already exists. Pending trial, the court must choose one of three outcomes:
- Custody as allowed by the court rule;
- Release on personal recognizance or an unsecured appearance bond; or
- Conditional release, with or without money bail.
The arraignment therefore does not guarantee that a person will be released, and it does not determine the result of the criminal case. The specific order comes from the judge in that case. A person who is unsure what the order requires should review it carefully and ask counsel about any conditions before leaving court.
The next court date depends on the type of case. For a felony or another case that is headed to circuit court, the court sets a probable cause conference between 7 and 14 days after the arraignment. The preliminary examination is then scheduled between 5 and 7 days after that conference. Those dates are set as part of the arraignment process and should be confirmed before the hearing ends.
For a case that stays in district court, the next date is the one the court sets for that case. It does not follow the felony conference-and-exam schedule. Write down the date stated on the record, and read the release order before you leave. If a condition is unclear, ask the court to repeat it rather than guess.
What to bring and who can help that day
Bring the papers the court or the jail already gave you. That usually means the complaint, the bond sheet, and any notice that names the court and the time. If a family member is calling for someone who is still in custody, ask the jail for the inmate’s court location and whether the hearing is by video.
Write down three things before you speak. Those are the charge as it is written, the release order, and the next date. If the judge speaks quickly, ask the clerk to repeat the date. Do not fill the silence by describing the arrest.
A friend or relative can often sit in the courtroom, but that person is not your lawyer. They should not answer questions for you, and they should not talk about the facts where others can hear. If you cannot afford a lawyer, say so when the court asks. The local indigent defense system handles appointment. Do not wait until the next hearing to raise it.
Metro Detroit cases land in different district courts, including courts that serve Bingham Farms, Farmington Hills, Royal Oak, and the surrounding cities. The hearing itself still follows the same Michigan rules. Local practice changes the building, the video setup, and the time you wait. It does not change the advice to stay quiet about the facts.
Frequently Asked Questions
How soon must an arrested person appear for arraignment in Michigan?
A person who remains in custody after arrest must be brought before a court for arraignment without unnecessary delay. The appearance may occur in person or by two-way interactive video under Michigan Court Rule 6.006(A), as described in Michigan court guidance.
Will I have to plead guilty at my Michigan arraignment?
The court generally explains the charge, possible penalties, and your rights, then addresses the next steps and pretrial release. For felony arraignments, the court may not question you about the alleged offense or request a plea under MCR 6.104(E). District-court misdemeanor procedures can differ, and the court may allow a written not-guilty plea or a stand-mute statement under MCR 6.610(D)(4).
Can I get released after an arraignment?
The court decides pretrial release unless an earlier order already controls the case. Depending on the circumstances, the court may order custody, release on personal recognizance or an unsecured appearance bond. Or conditional release with or without money bail under MCR 6.106(A). Release terms are specific to the case.
Do I have a right to a lawyer at arraignment?
Yes. You are entitled to a lawyer at arraignment unless you make an informed waiver. There is one other exception under MCR 6.104(A). The court may proceed without counsel if it issues a personal bond and will not accept a guilty or no-contest plea at that hearing. If you cannot afford a lawyer, ask about appointment through the local indigent criminal defense system.
What should I do before speaking about the allegations?
Stay silent about the facts and ask to speak with a lawyer first. If you do not have a lawyer, the court must tell you that statements can be used against you. It must also tell you that a lawyer can be present during any questioning you agree to. That advice is required by MCR 6.104(E).
Talk with a Metro Detroit defense lawyer before the hearing
An arraignment sets the charge on the record, the release decision, and the next date. It is a poor moment to explain what happened. If you or someone in your family has a Michigan court date coming up, Hadd Law’s criminal defense team can review the paperwork and tell you what that court expects.
Call 248-633-8000 or request a free consultation. Hadd Law is at 30600 Telegraph Road, Suite 3150, Bingham Farms. Initial intake is not confidential until you formally retain the firm.
This page is general information about Michigan procedure, not advice for a specific case.
