Understanding Arraignments in Michigan Criminal and DUI Cases – Part 1

When a person is charged with a crime, the arraignment is often their first encounter with the judicial system. Historically, the purpose of an arraignment was to advise a defendant of the charges against them and the maximum penalty that can be imposed for each charge. The arraignment is also a defendant’s opportunity to enter a plea. While there is more to unpack here, a defendant should almost ALWAYS enter a plea of Not Guilty at the arraignment. This is the case even if a defendant believes they have no viable defense. Often, a Michigan criminal defense lawyer can negotiate a deal to a reduced penalty or a reduced charge or to keep the criminal conviction off their record.

In very rare circumstances in some misdemeanor cases, it may be advisable for a defendant to plead Guilty at an arraignment. But these exceptions are few and far between, and a defendant should only enter a Guilty plea for strategic purposes under advice from a lawyer.

If you were charged with a crime in Michigan, you should contact a criminal defense attorney as quickly as possible, ideally before the arraignment. Michigan criminal defense Robert Elmen can analyze your situation, explain your rights and the charges against you, and represent you at the arraignment and in other court proceedings.

If you cannot contact an attorney before the arraignment, enter a plea of Not Guilty, then contact Elmen Legal as soon as possible.

What Is an Arraignment?

An arraignment is the first step in a criminal case. It is a short court hearing conducted by a district court judge or magistrate. The judge informs the defendant of the charges against them, explains their constitutional rights, and advises them of the penalties they face if convicted.

A defendant charged with Operating While Intoxicated (OWI) or another misdemeanor crime can enter a plea of Guilty or Not Guilty. They also have the option of “standing mute” at arraignment, which the court will interpret as a plea of Not Guilty. A defendant facing felony charges does not enter a plea at the arraignment. Instead, the court will set a date for a probable cause hearing and preliminary examination.

What Is the Purpose of an Arraignment?

The primary purpose of the arraignment is to advise the defendant of the charges against them and inform them of the maximum penalty that can be imposed for each charge. However, in misdemeanor cases in Michigan, a defendant can “waive” the arraignment, in which case they do not need to appear in court and it is assumed their lawyer will explain the charges to them.

During the arraignment, the judge or magistrate will advise the defendant of their constitutional rights, including the right to plead Guilty or Not Guilty or to stand mute, the right to a trial by jury, and the right to an attorney. The judge will also explain that if a defendant has a trial, the defendant has the right to:

• Call witnesses to speak on behalf of the defendant \and obtain a court order requiring witnesses to come to court.
• See, hear, and question all witnesses against them.
• To be a witness in their own defense or to remain silent. If a defendant chooses to remain silent, the prosecutor cannot comment on this refusal to testify.
• To be presumed innocent until proven guilty beyond a reasonable doubt.

The defendant will also be asked to enter a plea. A defendant cannot enter a Guilty plea to a felony charge at arraignment. Even in many misdemeanor cases, the judge will strongly encourage a defendant to consult with a lawyer before accepting a guilty plea. Most judges recognize that, even in cases where the evidence is beyond dispute, a criminal lawyer can protect a defendant and obtain a much more favorable result.

The judge will also set a bond and identify the conditions for posting bail.

What Happens at an Arraignment?

The arraignment is typically a defendant’s first appearance in court. Most arraignments take less than 15 minutes. The judge will advise the defendant of the charges against them and the maximum penalty that can be imposed for each charge. The judge will advise the defendant of their constitutional rights. The defendant will be asked to enter a plea of Guilty, Not Guilty, or they can stand mute at arraignment. Then the judge will set bond and the conditions for posting bail.

How Do I Prepare for an Arraignment?

The best way to prepare for your arraignment is to contact a criminal defense attorney and discuss your case with him. Your lawyer will explain the arraignment and help you prepare.

On the day of the arraignment:

• Plan to arrive at least 30 minutes early. You may need to wait, but waiting is better than the risk of being late.
• Dress appropriately and appear in court well-groomed. Wear clothing that is comfortable but that shows respect for the formality of the occasion and court personnel.
• Check in with court personnel when you arrive. Do not approach the bench (where the judge is sitting) without permission.
• When your case is called, stand next to your lawyer in front of the judge and listen attentively. The judge will ask if you understand the charges against you. If you understand, say yes. If you do not understand, you can politely ask the judge to explain the charges to you.
• Do not discuss your case with anyone you meet in court. The only person you should discuss your case with is your attorney.

What Is the Difference Between Arraignment for a Felony vs. a Misdemeanor?

Felony charges are much more serious than misdemeanor charges. A defendant cannot enter a Guilty plea to a felony charge at arraignment. Instead, the defendant will be informed of the charges against them and advised of their constitutional rights, and the judge will set dates for the probable cause hearing and a preliminary exam.

Elmen Legal Can Explain Your Options and Protect Your Rights

Being charged with a crime can be a scary experience. To protect yourself and your rights and improve your chances of obtaining a favorable outcome, you should contact a criminal defense attorney immediately after being charged with a crime.

Robert Elmen is an experienced and sought-after criminal defense attorney who is proud to serve people charged with crimes in Ann Arbor and throughout Michigan. He will ask questions to learn more about your situation, and can provide advice and legal guidance and represent you at arraignment and throughout the criminal process.

To put his expertise to work for you and begin preparing your defense, call (734) 707-8915 or contact Elmen Legal today.