Part 1 of Understanding Arraignments in Michigan Criminal and DUI Cases explained what an arraignment is, its purpose, and how to prepare. Here, we will dig deeper into the practical side of a defendant’s appearance at arraignment, including the imposition of bond conditions, what happens when a defendant “waives” the arraignment, and what to expect after the arraignment.
Of course, hiring a criminal defense attorney before the arraignment is better. However, a defendant who could not hire an attorney before the arraignment should plead Not Guilty at arraignment, even if they think they have no viable defense. In most cases, a criminal defense attorney can negotiate a reduced penalty, a reduced charge, and other more favorable resolutions to the criminal case.
Robert Elmen is an experienced Michigan criminal defense attorney who can analyze your situation, explain the charges against you, protect your rights, and represent you at the arraignment and in other court proceedings. His experience and expertise will help you obtain optimal results in your case.
One 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. For a defendant appearing in court for the first time, it can be scary to hear the judge explain that they could be sentenced to a year or more in jail, even for a first-time OWI / DUI / Drunk driving charge. But remember, this is the maximum penalty that could possibly be imposed. Even for a defendant with prior criminal charges for relatively minor offenses, the likelihood of jail time is usually fairly remote.
The “maximum possible penalty” requirement rarely equates to a realistic penalty a defendant could face. But, the law requires that the court explain to the defendant the maximum penalty they could face, even if the likelihood of receiving the maximum sentence is low. Attorney Elmen works hard to keep his clients out of jail and avoid having a conviction appear on their permanent criminal record.
Another part of the arraignment is the setting of bond conditions. If a defendant wishes to stay out of jail while their case is pending, the judge will impose conditions of bond. These conditions typically include not committing any new crimes, notifying the court of a change of address, and not leaving the state without authorization from a court representative.
In addition, most judges will require that a defendant refrain from consuming alcohol or using recreational marijuana. In many cases, especially when a defendant is facing drunk driving charges, this means the defendant will be required to submit to periodic drug and alcohol testing. To pass the test, the defendant must provide a blood or urine sample to prove they are “clean.”
As mentioned in Part 1, a defendant can “waive” the arraignment. However, this does not mean a defendant will avoid the conditions of bond. Instead, it means the defendant enters a Not Guilty plea, and the court assumes the defendant's lawyer will explain the nature of the charges and the potential penalties the defendant could face. It also means the judge will set the bond conditions at a later date, when the defendant first appears in court. While a defendant cannot completely avoid the conditions of bond, the bond conditions will be imposed later.
Regardless of whether a defendant appears in court for arraignment or waives it, the next step is a pre-trial conference. The pre-trial is the first substantive meeting between the prosecutor and defense lawyer. It is called a “pre-trial” because it happens before the trial date. The purpose of the pre-trial is to narrow the issues for trial, address evidentiary issues, and try to resolve the case. A judge often schedules numerous pre-trials in a criminal case.
From this point forward, the case will progress according to the misdemeanor or felony process. In felony cases, the defendant is entitled to a probable cause hearing and preliminary examination to determine whether the case will be “bound over” to the circuit court. In a misdemeanor case, the next step is the pre-trial conference.
If you were charged with a crime in Ann Arbor or anywhere in Michigan, securing experienced legal representation should be your first priority. Elmen Legal is based in Ann Arbor and proudly serves people throughout Michigan.
Attorney Elmen is a highly regarded and sought-after criminal defense attorney who has earned a reputation for obtaining superior results. During your initial consultation, he will ask questions to learn about your situation. He can provide advice and legal guidance and represent you at the arraignment and pre-trial and throughout the criminal process.
To learn more and put his expertise to work for you, call (734) 707-8915 or contact Elmen Legal today.
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