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In michigan, how long after you are arrested is your arraignment suppose to be?

Escanaba, MI |

my boyfriend got arrested for larceny a week ago. But as far as I knew your arraignment is always the next day besides on weekends. I do not understand why it is different now.I just wanted to know if there is a time period in which they are suppose to have an arraignment after arrested.

and is there anything that can be done if they wait to long to arraign? and it was a misdermeaner not a felony.

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Attorney answers 1

Posted

Since it is a larceny charge, the District Court has to wait for a complaint and warrant from the prosecutor's office before they can arraign him. Typically, an arraignment will occur in about 2-3 days after he is lodged in the jail. Some jails have what are called "pre-set" bond amounts that allow people arrested for specific crimes to pay a pre-determined amount and be released. They are then released and given a court date on their way out of the jail. This happens a lot with charges like drunk driving, i.e. everyone on a OWI 1st pays $500, etc. On an OWI, the court can arraign the defendant by using the ticket.

Larcenies don't have a ticket to use for the arraignment, so that's why the court has to wait to hear from the prosecutor's office before they can schedule the hearing. He will be arraigned much sooner if he is lodged in the jail. Otherwise, it could be as long as several weeks. Good luck.

Asker

Posted

but they had the warrent for his arrest. but even my mother had to wait 6 days to be arraigned for a charge

Andrew Charles Lapres

Andrew Charles Lapres

Posted

There is no hard rule for arraignments. Many people, including a lot of lawyers, believe there is a rule that requires it to happen in 48 or 72 hours or whatever, but that's not true. It has to be done "without unnecessary delay," which leaves it wide-open in my opinion. It should be quicker for him if he is lodged in the jail, as criminal cases take priority over civil.

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