What Happens at Arraignment in a Michigan Criminal Trial?

An arraignment is the first appearance in front of a judge after you’re charged with a crime. Whether you were arrested or received a summons, you’ll appear in court to hear the charges against you and enter a plea. Your criminal defense attorney will prepare you for what you need to know about your specific hearing.

What Is an Arraignment?

The arraignment is where a judge or magistrate reads your charges aloud or provides you with a written copy. This is an opportunity to confirm that you understand what you’re accused of. The court also makes sure you’re aware of your rights:

• The right to remain silent
• The right to have an attorney present during questioning
• The right to a trial by jury or judge
• The right to confront and question witnesses
• The right to have a preliminary examination (for felonies)

If you can’t afford an attorney, you may request a court-appointed one at this stage.

Entering a Plea

Once the judge reads the charges, the judge will ask how you plead. The options are:

• Guilty: You admit to the offense as charged.
• Not guilty: You deny the charge. The case moves forward to pretrial hearings or conferences.
• No contest (nolo contendere): You don’t admit guilt. However, you agree not to fight the charge. This plea is treated like a guilty plea for sentencing. However, it can’t be used against you in a related civil case.

Your lawyer will probably recommend entering a not guilty plea at arraignment, even if you plan to negotiate later. This allows them time to review the evidence, file motions, and discuss potential plea options before you make any permanent decisions.

Setting Bond and Release Conditions

After the plea, the court decides whether you’ll remain in custody or be released while the case is pending. This is called the bond or bail decision. The judge considers several factors when setting bond, such as:

• How serious the alleged crime is
• Your criminal history, if any
• Your ties to the community (like employment, family, and residence)
• Whether you’re a flight risk or a danger to others

You could be released on personal recognizance (a promise to return), pay a cash bond, or agree to specific conditions. The conditions often include no-contact orders, drug testing, or travel restrictions. Finally, the judge will inform you about the potential consequences if you fail to appear for future hearings, such as a bench warrant or bond forfeiture.

What Happens After Arraignment

Once the arraignment ends, the next phase depends on the type of case and plea you entered.

If you plead not guilty to a misdemeanor, your case will be scheduled for a pretrial conference. During this conference, your attorney can negotiate with the prosecutor, file motions, and review evidence.

If you’re charged with a felony, the court will schedule a probable cause conference within seven to 14 days. You and your lawyer can discuss the possibility of resolving the case before the preliminary examination or prepare to challenge the evidence presented by the prosecution.

If you entered a guilty or no contest plea, the court will set a sentencing date. Before that hearing, a probation officer typically prepares a presentence report. The report helps the judge decide what sentence to give you.

Discuss Your Case With Geherin Law Group, PLLC

If you’re facing criminal charges in Michigan, you need a criminal defense lawyer on your side. Geherin Law Group, PLLC, has decades of criminal law experience and represents clients throughout Michigan. Contact our law firm today to discuss your case and get clear guidance on what to expect throughout your case.