Detroit Michigan Waiver of Arraignment And Election To Stand Mute Or Enter Not Guilty Plea

State:
Michigan
City:
Detroit
Control #:
MI-CC-261
Format:
PDF
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Description

This Waiver of Arraignment and Election to Stand Mute or Enter not Guilty Plea is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.

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FAQ

During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges that have been filed against him/her, and the defendant enters a plea.

What happens after the arraignment? Some time after the arraignment, the abusive person will have to go to court for a pre-trial conference. At that conference, they may plead guilty to something that settles the case. If they do not plead guilty, the court will set a trial date.

The probable cause conference shall include the following: (a) Discussions as to a possible plea agreement among the prosecuting attorney, the defendant, and the attorney for the defendant. (b) Discussions regarding bail and the opportunity for the defendant to petition the magistrate for a bond modification.

Probable Cause Hearing Using a probable cause standard, the Prosecutor must show that a crime was committed, and that the defendant committed it. If the Judge determines there is probable cause, the defendant is bound over to the Circuit Court for further proceedings.

The least serious misdemeanors are classified as Class C or Level Three. These crimes can result in fines and jail time of up to a year, and may also offer the chance of probation. The federal criminal code and the criminal laws of every state divide crimes into two levels, felonies and misdemeanors.

The standard penalty for a misdemeanor crime is up to one year in county jail and/or a fine up to $1,000. However, unless the code states otherwise, any offense considered a misdemeanor will have county jail time of up to 6 months.

At an arraignment, a judge will formally state the charges against the defendant. If bail has not yet been set in the case, it will be addressed at arraignment. Then, the defendant will be apprised of their rights and asked to enter a plea to the charges.

After the Preliminary Examination hearing the District Court Judge will make a ruling. He or she will either find that probable cause exists and will ?bind over? the defendant to Circuit Court for Trial.

A misdemeanor arraignment hearing is generally the first criminal court proceeding in cases where a defendant has been charged with a misdemeanor (as opposed to a felony offense).

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Detroit Michigan Waiver of Arraignment And Election To Stand Mute Or Enter Not Guilty Plea