If you’ve never experienced the criminal legal system before, facing charges can be intimidating. After you’re arrested, there are two important hearings at the start of your case: the arraignment and preliminary hearing. These appearances can set the stage for the rest of your case, and an experienced criminal defense attorney can help protect your rights in these critical moments.
The Arraignment
The arraignment is your initial appearance before a judge or magistrate in the court where you’re charged. This hearing serves several purposes: the court formally tells you what you’re charged with, advises you of your rights, and asks how you want to plead.
If you’re charged with a serious crime, the arraignment is also when the court decides whether you’ll be released while your case is pending. The judge will set bond based on several factors, like your criminal history and whether you’re considered a flight risk.
Before the arraignment, prosecutors file the complaint and warrant that describe the alleged crime. You’ll receive copies of these documents at the hearing. The judge will inform you of your right to have an attorney represent you. If you can’t afford one, the court may appoint counsel at that time.
Most felony defendants plead “not guilty” at arraignment. This plea allows your attorney to begin investigating the charges and building a defense strategy. Then, the court will schedule your next appearance—a probable cause conference and preliminary examination.
Bond Conditions
If the judge sets a bond, you must follow specific conditions to stay out of jail while your case moves forward. These conditions usually include restrictions like not contacting the alleged victims, not possessing firearms, and remaining within the state. In some cases, the judge may order electronic monitoring or regular check-ins with a pretrial services officer.
Violating your bond conditions can lead to immediate arrest and a higher bond amount later. Even small mistakes, like missing a court date or contacting someone you’re not supposed to, can have serious consequences. Your attorney can help you understand and manage these conditions to avoid complications.
The Probable Cause Conference
Within about two weeks of your arraignment, the court will hold a probable cause conference. This is a meeting between the prosecution and defense to discuss potential plea negotiations and whether there’s any reason to waive or postpone the preliminary examination.
Your attorney may use this time to review the evidence against you and to explore possible resolutions. If both sides agree to a plea deal or reduced charges, the case may move forward differently from the original schedule. If the case isn’t resolved, the court will confirm the date for your preliminary examination.
The Preliminary Examination
The preliminary examination is the hearing that gives the district court judge a chance to decide if there’s probable cause to believe a crime was committed and that you’re the person who did it.
Unlike the arraignment, this hearing involves witness testimony and evidence. The prosecutor presents witnesses (usually police officers or alleged victims) to establish probable cause. Your attorney can cross-examine these witnesses and challenge the prosecution’s evidence.
The preliminary examination often reveals key details about the strength of the state’s case. Sometimes, weaknesses in the evidence, like inconsistent witness statements or unclear forensic results, are clear at this point.
If the judge finds there’s enough evidence to proceed, your case is “bound over” to the circuit court for trial. If not, the charges may be dismissed or reduced to a lesser offense. In some cases, your attorney may recommend waiving the preliminary examination, especially if there are ongoing negotiations that could benefit you.
Once your case moves past the preliminary hearing, you move on to a possible trial or plea negotiations.
Get Help From an Experienced Criminal Defense Lawyer
The Law Office of Jodi L. Hemingway, PLLC, defends clients facing serious criminal charges across Michigan. Contact our law firm to discuss your case and learn how to prepare for your arraignment and preliminary hearing.
