Arrest Warrants, Arraignment and Bond
The importance of an attorney cannot be overstated at every stage of a criminal proceeding. A person can lose the upper hand in a criminal case by delaying the process to hire a lawyer.
From an attorney’s standpoint, case management can begin as soon as the police name suspects or begin a criminal investigation. Being proactive enables us to advance a defense strategy, minimize charges, prevent an arrest, and attend the arraignment to obtain a reasonable bond.Arrest With or Without A Warrant
With a Warrant: An arrest upon issuance of a warrant means that the criminal case is formally entered in the court system. Once issued, the warrant will be entered in the Michigan State Police Law Enforcement Information Network (LEIN ). There are two (2) common scenarios once an arrest warrant is issued:
- The defendant will be notified by mail to appear at a police agency for booking or to the court for arraignment and bond hearing.
- In reliance upon the warrant, the police may arrest the defendant without providing notice.
Without a Warrant: An arrest may occur without a warrant if an officer has witnessed a crime or has probable cause to believe that a felony has occurred. A person arrested without a warrant is entitled to an arraignment and bond hearing “without unnecessary delay”. In all “but the most extraordinary situations,” an individual arrested without a warrant may not be detained for more than 48 hours without a judicial determination of probable cause. People v Whitehead, 238 Mich App 1 (1999).Arraignment
Arraignment is the first opportunity for a defendant to appear in court after being arrested or charged. Most Macomb County Courts handle arraignments via closed circuit video. At this stage, the charges and penalties are read and a plea is requested. A plea of "not guilty" or "standing mute" indicates that the charges are being contested. The Judge will also set a bond at the arraignment. For felony cases, the preliminary examination date is scheduled on the date of arraignment. For misdemeanor cases, a pretrial conference may be scheduled at this time. The accused is entitled to have his or her attorney present at the time and place of arraignment.Bond Hearings
An accused party is entitled to bond pursuant to MCL 765.6. The main components of bond are:
- The seriousness of the offense charged.
- The protection of the public.
- The previous criminal record and the dangerousness of the person accused.
- The probability or improbability of the person accused appearing at the trial of the cause.
The court may also impose house arrest, travel restrictions no-contact orders and substance abuse testing and monitoring as bond conditions.
The presence of an attorney at a bond hearing can mean the defendant’s release upon personal recognizance (no cash) without restrictive bond conditions. A motion to modify bond may be filed at any time when bond is deemed excessive or to amend bond conditions such as travel restrictions or no-contact orders.Proactive Criminal Case Management
We believe in active criminal case management from the moment a person is accused of a crime. Whenever possible we will attempt to preemptively resolve a criminal case before a warrant is issued. This has been achieved in cases classified as “property crimes” where restitution is claimed and the victim can be made whole without pressing charges.
As criminal defense lawyers in Macomb County, the ABDO LAW FIRM can protect your rights at an arraignment and bond hearings in all district and circuit courts. Contact our law firm if you are being investigated for a crime, a warrant has been issued or a family member has been arrested. When you hire the Abdo Law Firm, we will take action at the first opportunity and will not quit until the job is done. We also welcome non-residents who face legal difficulties in Michigan for any warrant, criminal matter or drunk driving case.For more about the laws governing search and seizure, read the following Abdo Law blog posts: