Rule 6.104 Arraignment on the Warrant or Complaint

(A) Arraignment Without Unnecessary Delay. Unless released beforehand, an arrested person must be taken without unnecessary delay before a court for appearance in accordance with the provisions of this rule.

(B) Place of Arraignment. An accused arrested pursuant to a warrant must be taken to a court specified in the warrant. An accused arrested without a warrant must be taken to a court in the judicial district in which the offense allegedly occurred. If the arrest occurs outside the county in which these courts are located, the arresting agency must make arrangements with the authorities in the demanding county to have the accused promptly transported to the latter county for arraignment in accordance with the provisions of this rule. If prompt transportation cannot be arranged, the accused must be taken without unnecessary delay before the nearest available court for preliminary appearance in accordance with subrule (C).

(C) Preliminary Arraignment Outside County of Offense. When, under subrule (B), an accused is taken before a court outside the county of the alleged offense, the court must advise the accused of the rights specified in subrule (E)(2) and determine what form of pretrial release, if any, is appropriate. To be released, the accused must submit a recognizance for appearance within the next 14 days before a court specified in the arrest warrant or, in a case involving an arrest without a warrant, before either a court in the judicial district in which the offense allegedly occurred or some other court designated by that court. The court must certify the recognizance and have it delivered without delay to the appropriate court. If the accused is not released, the arresting agency must arrange prompt transportation to the judicial district of the offense. In all cases, the arraignment is then to continue under subrule (D), if applicable, and subrule (E) either in the judicial district of the alleged offense or in such court as otherwise is designated.

(D) Arrest Without Warrant. If an accused is arrested without a warrant, a complaint complying with MCR 6.101 must be filed at or before the time of arraignment. On receiving the complaint and on finding probable cause, the court must either issue a warrant or endorse the complaint as provided in MCL 764.1c; MSA 28.860(3). Arraignment of the accused may then proceed in accordance with subrule (E).

(E) Arraignment Procedure; Judicial Responsibilities. The court at the arraignment must
     (1) inform the accused of the nature of the offense charged, and its maximum possible prison sentence and any mandatory minimum sentence required by law;
     (2) if the accused is not represented by a lawyer at the arraignment, advise the accused that
          (a) the accused has a right to remain silent,
          (b) anything the accused says orally or in writing can be used against the accused in court,
          (c) the accused has a right to have a lawyer present during any questioning consented to, and
          (d) if the accused does not have the money to hire a lawyer, the court will appoint a lawyer for the accused;
     (3) advise the accused of the right to a lawyer at all subsequent court proceedings and, if appropriate, appoint a lawyer;
     (4) set a date within the next 14 days for the accused's preliminary examination and inform the accused of the date;
     (5) determine what form of pretrial release, if any, is appropriate; and
     (6) ensure that the accused has been fingerprinted as required by law.
The court may not question the accused about the alleged offense or request that the accused enter a plea.

(F) Arraignment Procedure; Recording. A verbatim record must be made of the arraignment.

(G) Plan for Judicial Availability. In each county, the court with trial jurisdiction over felony cases must adopt and file with the state court administrator a plan for judicial availability. The plan shall
     (1) make a judicial officer available for arraignments each day of the year, or
     (2) make a judicial officer available for setting bail for every person arrested for commission of a felony each day of the year conditioned upon
          (a) the judicial officer being presented a proper complaint and finding probable cause pursuant to MCR 6.102(A), and
          (b) the judicial officer having available information to set bail.
This portion of the plan must provide that the judicial officer shall order the arresting officials to arrange prompt transportation of any accused unable to post bond to the judicial district of the offense for arraignment not later than the next regular business day.

History
6.104(E) Am. eff. Oct. 1, 1994

© Copyright 2008 The Institute of Continuing Legal Education
1020 Greene Street, Ann Arbor, MI 48109-1444 icle@umich.edu
Phone: (877) 229-4350 or (734) 764-0533 Fax: (877) 229-4351 or (734) 763-2412
Hours: M-F 8am-5pm
Please read our Privacy Statement and Disclaimer and Terms and Conditions of Use.