What Happens at an Arraignment in Michigan? A Guide to Bond, Conditions, and What to Expect

For many people, an arraignment is their first experience in a courtroom. Whether you were released after receiving a ticket, notified that an arrest warrant exists, or are appearing from jail after an arrest, the arraignment is one of the most important hearings in your case. It often determines whether you go home that day, what conditions you must follow while your case is pending, and how much freedom you have while preparing your defense. Understanding what happens and having an attorney with you can make a significant difference in the outcome of your arraignment.

What is an Arraignment?

An arraignment is the first formal appearance before a judge or magistrate after criminal charges have been filed. At the arraignment, the court will:

• Inform you of the criminal charge(s).

• Advise you of your constitutional rights.

• Decide whether you will be released while the case is pending and, if so, under what conditions.

• Schedule the next court date.

  
  

In many misdemeanor cases, an experienced criminal defense attorney can waive a formal arraignment on your behalf, meaning you may not need to appear in court at all. However, all felony charges and several serious misdemeanor charges in Michigan require a formal arraignment.

Walking Into Court vs. Appearing in Custody

Not every arraignment looks the same. How you appear in Court makes a significant difference in the amount of a bond and the bond conditions ordered by the judge or magistrate.

Voluntary Appearance

If you learn that a warrant has been issued for your arrest, you should immediately contact an experienced criminal defense attorney and make arrangements to voluntarily appear before the court. Michigan Court Rule 6.105 encourages voluntary appearances and creates a presumption in certain cases that a person who turns themselves in voluntarily for an arraignment is not a flight risk when the court sets bond or bond conditions. Voluntarily addressing a warrant often places you in a much better position than being unexpectedly arrested during a traffic stop, at work, or at home.

In-Custody Arraignment

If you were arrested and taken to jail, you will usually be brought before a judge or magistrate within 72-hours of your arrest. The court must decide whether you should remain in jail or be released pending trial, and under what conditions. For many defendants, this is the most important issue at the arraignment.

How Does the Judge Decide Bond and Bond Conditions?

Michigan law strongly favors releasing defendants before trial under the least restrictive conditions necessary to ensure:

• Appearance at future court hearings.

• Protection of the public.

• Compliance with court orders.

  
  

Michigan Court Rule 6.106 generally directs courts to begin with release on personal recognizance or an unsecured appearance bond unless additional restrictions are necessary. If the court determines that those options are insufficient, it may impose conditions of release or require money bail after making the required findings.

When setting bond, courts consider numerous factors, including:

• The seriousness of the alleged offense.

• Criminal history.

• Prior failures to appear.

• Community ties.

• Employment.

• Family relationships.

• Financial circumstances.

• History of substance abuse.

• Any risk to public safety.

Can Bond Ever Be Denied?

Yes.

Michigan law permits courts to deny bond altogether in limited circumstances, including certain offenses punishable by life imprisonment and violent felony offenses allegedly committed while the defendant was on probation, parole, or bond for another violent felony or the defendant has two (2) or more violent felony convictions in the past 15-years. If the court denies bond, the court must order that the defendant be held in custody for a period not to exceed 90 days, excluding delays attributable to the defense, and the trial must begin within that 90-days or the court must immediately schedule a hearing and set a bail amount.

What Types of Bond and Bond Conditions Can the Court Order?

Michigan courts commonly use several different forms of pretrial release.

Personal Recognizance (PR) Bond

A PR bond allows a defendant to be released without posting money. The defendant simply promises to return to court and comply with all bond conditions, but the defendant is not charged with posting money unless they violate by failing to appear in court or are found by the court to have violated other conditions of their bond.

Cash/Surety or 10% Bond

The court may require money to be posted before release. In some cases, only 10% of the stated bond amount may be posted by the defendant.

Cash/Surety Bond

The defendant must post the full cash amount or obtain a surety bond through a licensed bondsman before being released.

What Bond Conditions Can Be Ordered?

Being released from jail does not necessarily mean there are no restrictions. Common bond conditions include:

• No new criminal offenses.

• Appear for every court hearing.

• Keep the court informed of any address changes.

• Do not leave Michigan without court permission.

• No contact with an alleged victim or witness.

• No possession of firearms.

• Random drug and alcohol testing.

• Travel restrictions.

• Electronic monitoring or GPS tether.

• Curfew.

• Participation in counseling or treatment.

• Bond Compliance Monitoring or Pretrial Service Supervision.

  
  

The specific conditions usually depend on the nature of the charge. For example:

OWI / DUI cases often include:

• No alcohol or illegal drug use.

• Random breath or urine testing.

• Portable breath testing.

• Substance abuse evaluations and treatment.

  
  

Domestic Violence cases frequently include:

• No contact with the alleged victim.

• No return to the shared residence.

• No possession of firearms.

  
  

Drug offenses may require:

• Random drug testing.

• Substance abuse counseling.

• Drug treatment.

  
  

The goal is to reduce the perceived risk while the case remains pending.

What is Pretrial Service or Bond Compliance?

Many Michigan courts require defendants to report to a pretrial supervision program while on bond. For example, Oakland County Pretrial Services interviews defendants before arraignment, verifies background information, conducts risk assessments, and may recommend conditions of release under MCR 6.106. If supervision is ordered, defendants are expected to report regularly to Pretrial Services and comply with all bond conditions. Similarly, the 52-1 District Court's Bond Compliance program monitors defendants ordered to pretrial supervision. Depending on the case, participants may be required to:

• Complete weekly check-ins.

• Submit to random alcohol or drug testing.

• Maintain contact with a bond compliance officer.

• Follow travel restrictions.

• Report changes in employment or residence.

  
  

Failure to comply can result in bond violations, arrest warrants, or revocation of bond.

How Do You Stay Bond Compliant?

The best advice is simple:

• Read every bond condition carefully and review them with your lawyer.

• Never miss a court date.

• Complete every required test.

• Stop using alcohol or drugs if prohibited.

• Respond promptly to your pretrial officer.

• Do not assume a condition has changed unless the judge modifies it in court.

  
  

Many bond violations occur because defendants misunderstand their conditions, not because they intentionally violate them. If you are uncertain about any condition, speak with your attorney before taking action.

Why Does a Good Bond Matter?

A favorable bond does far more than get someone out of jail. When a defendant is released, they can:

• Continue working.

• Support their family.

• Participate in counseling or treatment.

• Gather evidence.

• Meet regularly with their attorney and assist in preparing their defense.

  
  

These important factors often improve both the defense of the case and the ultimate outcome. Conversely, restrictive bond conditions, or being held in custody, can make preparing a defense or retrieving mitigating evidence significantly more difficult.

Charged with a Crime in Michigan? Speak with an Experienced Michigan Criminal Defense Attorney Before Your Arraignment

The arraignment is not simply a procedural hearing. It establishes the rules you must follow while your case is pending and often shapes everything that comes afterward. An experienced criminal defense attorney can argue for a lower bond, fewer restrictions, and conditions that allow you to continue working, supporting your family, and actively participating in your defense

At Bondy Law, PLLC, we represent clients throughout Michigan at both misdemeanor and felony arraignments. If you or a loved one has been arrested or charged with a crime, obtaining experienced legal representation as early as possible can make a meaningful difference in the outcome of your case.

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