In any event, legal representation is very important—don’t wait to get a lawyer. In Michigan, arraignments must take place “without unnecessary delay.” If you are arrested without a warrant and evidence was obtained after your arrest, an arraignment must occur within 48 hours to establish probable cause for the arrest.
What happens if you are not arraigned within 72 hours in Michigan?
If charges are not filed after the 72 hour period following your arrest, you will be released, but the State still reserves the right to file charges later, as long as they file charges within the statute of limitations.
What happens at an arraignment in Michigan?
At the arraignment, a judge will read on the record the charge or charges the defendant is facing. The judge will also inform the defendant what the maximum possible time of incarceration is for the charges and how high the fines can be if the defendant is convicted of the crime.
What happens after arraignment for felony Michigan?
Arraignment. After arrest, the defendant is brought before the District Court and informed of the charges against them. They are advised of their right to an attorney. The judge then sets bond (bail) and sets a date for the probable cause hearing.
What happens at an arraignment for a misdemeanor in Michigan?
Misdemeanor Charges Arraignment In District Court
If they plead guilty or no contest, they may be sentenced on the spot, or a sentencing date will be scheduled. If the defendant pleads not guilty, the judge then sets bond (bail) and sets a date for a pre-trial conference. Most defendants are released on bond.
How long after arraignment is sentencing?
All defendants are expected to have a court date within 30 days from the arraignment or the plea submitted, if you are currently in custody. If you are not currently in custody, then you can expect a court date within 45 days of the arraignment or plea.
How long does an arraignment take?
However, typically an arraignment is a very short procedure, only one day. It is a simple case when you hear the charges, and then the judge accepts your response. You might be in court all day waiting for your turn, but generally speaking it’s a very short process.
What comes after arraignment?
In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.
How long can a felony charge be pending?
A felony charge can be pending for as long as the statute of limitations runs on the case. For example, if the felony has a statute of limitation of 5 years, that is the length of the pending charges. The minimum statute of limitations for felonies is three years.
Can you go to jail at a preliminary hearing?
It is very unlikely that you would go to jail at the preliminary hearing. The court’s job is not to find the defendant guilty or not guilty. Instead, the judge’s role is to determine whether there is enough evidence for the charges to proceed to the Court of Common Pleas for trial.
How long do police have to investigate a crime?
There is no general time limit for how long a police investigation can stay open in England and Wales. For summary only offences, which are heard in the Magistrates’ Court, the case must be heard within twelve months of the crime.
How long can you be held in jail before seeing a judge in Michigan?
In order to hold you for longer than 72 hours (not including weekends or holidays), the prosecuting attorney’s office must file criminal charges. They have up to 72 hours to file charges on people detained in jail by the police | judge, or a person must be released.
How long can you be detained without charges?
As a general rule: If you’re placed in custody, your “speedy trial” rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit.
How long does it take to get a court date for a misdemeanor in Michigan?
within 28 days
Generally a defendant in Michigan charged with a felony crime has a right to trial within six months of the date of arrest, and a defendant charged with a misdemeanor crime has a right to trial within 28 days of arrest.
How can charges be dropped before court date?
The typical action is to file a motion to dismiss. The defendant’s lawyer can invoke various reasons for a motion to dismiss. If the allegations raised in a motion to dismiss have merit, the court may throw away the case without going to trial.
What happens after first appearance in court?
Most often on the first court appearance, your matter will be adjourned to a future date so that the Crown Prosecutor can prepare and provide the disclosure package to you. If you haven’t requested disclosure prior to the first appearance date, a request can be made in court at that time.
Why is my criminal case taking so long?
The more issues, evidence, witnesses, and arguments, the longer the trial will take. While a legal case may seem interminable and the delays costly, the procedures in place are designed to protect both parties and produce the fairest system possible.5 Reasons Criminal Trials Are Often Delayed.
Why is arraignment important?
During arraignment, he is made fully aware of possible loss of freedom or of life. He is informed why the prosecuting arm of the State is mobilized against him. It is necessary in order to fix the identity of the accused, to inform him of the charge, and to him an opportunity to plead.
How do you get a prosecutor to drop charges?
There are multiple ways a defendant or their attorney can convince a prosecutor to drop criminal charges. Examples include lack of probable cause, presenting exculpatory evidence, showing police violated their rights, or partaking in a pretrial diversion program.
Can my lawyer represent me in court without me being there?
A misdemeanor case against a defendant can allow him/her to have a lawyer represent on his/her behalf even if he/she is not physically present in court.
How long can you be held custody?
How long police can hold you in custody depends entirely on the circumstance. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.