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

State:
Michigan
County:
Wayne
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

Felony: At a felony arraignment, the defendant enters a plea to the charge (guilty, not guilty, stand mute). He/she is advised of his/her right to a preliminary examination within 10 court days of the arraignment.

What Happens After Arraignment. After the defendant has been arraigned on a misdemeanor charge, the court will set the case up for a pretrial conference. At this conference, the defendant or their attorney will talk to the prosecutor and the parties will try to reach a plea agreement to settle the case.

When Does Arraignment Occur? Arraignment must occur within a reasonable time after arrest and usually within 48 to 72 hours of an arrest if the suspect is sitting in jail. If the suspect has bailed out or was issued a citation, the arraignment typically occurs several weeks later.

At a misdemeanor arraignment, the defendant will be given a chance to enter a plea to the charge of either guilty, not guilty, or stand mute (i.e., remain silent, which is treated by the court as if the defendant pled not guilty).

An arraignment is basically the court appearance where you are formally informed of the charges against you, and you will probably be given paperwork that shows the charges - that paperwork is called an Information. A not-guilty charge will be entered, pretty much automatically.

Standing mute means a defendant does not take a stance on being guilty or not guilty; they remain silent. Standing mute or remaining silent has the same effect as pleading ?not guilty? because a judge or magistrate will enter a not guilty plea on the defendant's behalf.

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.

In Michigan, arraignments must take place ?without unnecessary delay.? If you are arrested without a warrant and evidence was obtained after your arrest, an arraignment must occur within 48 hours to establish probable cause for the arrest.

Generally a defendant in Michigan charged with a felony crime has a right to trial within six months of the date of arrest, and a defendant charged with a misdemeanor crime has a right to trial within 28 days of arrest.

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