Misdemeanor Offenses

If you have been charged with a misdemeanor offense, you will probably need to appear for an arraignment on the charge. There are a few traffic misdemeanor charges that can be handled without appearing in court.

What is Arraignment?

This is the initial appearance before a judge or magistrate when the charges against you are formally read and you are informed of your rights. You may enter a plea of guilty, not guilty, no contest or stand mute. If you plead guilty or no contest a judge or magistrate may impose a sentence at that time or your case may be referred to the Probation Division of the court for a pre-sentence report to be prepared for the judge prior to sentencing. If you plead not guilty or stand mute the case will be set for a pretrial conference. The judge or magistrate will also set your bond/bail at the arraignment if you are required to return for another court date.

When do I appear for Arraignment?

Arraignments are held from 8:00 am to 11:00 am and 1:00 pm to 4:00 pm Monday through Friday. If a bond/bail was posted prior to arraignment you should appear at the court on the day and time listed on the bond/bail sheet that was given to you upon release from custody at a police agency. If you were issued a citation, you must respond within 3-14 calendar days from the date you received the citation by either appearing in person or contacting the court by phone to determine if a personal appearance is required.

The court will accept a written Waiver of Arraignment on most misdemeanor charges. The waiver must state the maximum possible penalty for the offense, the defendant's rights and be signed by the defendant. The court will not accept waiver of arraignments on any assault related crimes, for an outstanding warrant on a contempt issue such as failing to appear, failing to pay fines and costs, failing to complete a court ordered program or for a probation violation.

What is a Pretrial Conference?

If you have entered a plea of not guilty or stood mute at your arraignment, your case will be set for a pretrial conference. At the pretrial conference you, and your attorney if you have one, will meet with the Assistant Ingham County Prosecutor or Assistant City Attorney to attempt to resolve your case. If a plea agreement is reached, you may appear before a judge that same day to enter a plea and be sentenced. If a plea agreement is not reached the matter will either be set for trial before a judge (bench trial) or a trial before a jury (jury trial) depending on which form of hearing is requested at the pretrial conference.

What is a Bench Trial?

A bench trial is a trial in which there is no jury and the judge decides the case. A person must be found guilty beyond a reasonable doubt and has the right to call witnesses in their own defense, to cross examine witnesses called against them and to present evidence in their own defense.

What is a Jury Trial?

A jury trial is a trial before a panel of six jurors which may include one to two alternate jurors. The standard of guilt is the same as a bench trial, a person must be determined guilty beyond a reasonable doubt or the jury must acquit on the charges or may find the person guilty of a lesser charge depending on the evidence presented at trial. A defendant has the right to aid in selection of the jurors through a process known as voir dire, to call witnesses in their own defense, to cross examine witnesses called against them and to introduce evidence in their own defense.

Court Appointed Attorney

If you have been charged with a misdemeanor you have the right to have an attorney. You may hire an attorney at your own expense, or if you are unable to afford an attorney the court may appoint one on your behalf if the court determines that it might sentence you to jail.

The court may deny an application for a court appointed attorney if jail time is not likely, a person is determined to be not indigent (can afford to hire their own attorney), or the violation is a traffic or municipal civil infraction.

If you want to apply for a court appointed attorney you must fill out an application with a court officer at the court. Court appointed attorney requests should be made at arraignment proceedings. If a person is in custody the court officer for the arraigning judge will complete the application at the city jail with the defendant following arraignment. Persons not in custody should apply at arraignment but may see the court officer of the judge assigned to his/her case prior to pretrial to complete an application if it was not requested initially. To request a court appointed attorney after arraignment check in at the 6th floor traffic counter and they will refer requests to the appropriate judicial office.

Bonds / Bail

Bonds/bail posted with the court must be paid in cash, with a credit card or posted by a surety agent. If a credit card is used to post bond/bail, the cardholder must be present to sign the transaction slip.

Bonds posted at the Ingham County Jail through the use of Government Payment Services (G.P.S.) become the property of the person the monies are posted for and will not be returned to a third party depositor.  Fines and costs paid through G.P.S. to secure the release of an inmate at the Ingham County Jail will be applied to that inmate's court costs and are non-refundable.