Michigan

How Michigan handles a case

What happens after an arrest anywhere in Michigan: who decides release first, how fast a person sees a judge, which courts hear the case, and who runs the offices around them. Every county in the state works under these rules.

From arrest to court

Who decides release first

For a misdemeanor punishable by up to one year, when no magistrate is available, the arresting officer, a supervisor, or the jail may take an interim cash bond set between part of the minimum fine and the maximum fine. For other charges, a district judge or district court magistrate sets bail at arraignment. Magistrates can set bail in all cases.

MCL 780.581MCL 780.582aMCL 600.8511
Time to see a judge

Police must bring a person arrested without a warrant before a magistrate without unnecessary delay. Michigan law sets no number of hours.

MCL 764.13MCL 764.26
Money bail

Michigan courts may set money bail. The constitution makes most people bailable by sufficient sureties, and the court must make findings on the record when it fixes an amount.

Mich. Const. art. I, sec. 15MCL 765.6
Pretrial risk assessment

Michigan has no statewide pretrial risk tool. The Michigan Supreme Court tested one in five courts starting in 2019, and other courts choose their own.

Michigan Supreme Court, pretrial pilot news release (Feb. 14, 2019)
Courts

The circuit court tries felonies. The district court hears misdemeanors punishable by up to one year and ordinance violations, and it handles felony arraignments, bail, and preliminary exams before a case moves to circuit court. A few cities keep a municipal court instead of a district court.

MCL 600.8311
Judges and magistrates

Voters elect circuit judges to six-year terms in nonpartisan elections. District judges are also elected and must be lawyers. District court magistrates are appointed by the district judges, serve at their pleasure, and need not be lawyers.

Mich. Const. art. VI, sec. 12Mich. Const. art. VI, sec. 19MCL 600.8201MCL 600.8501MCL 600.8503MCL 600.8507
Prosecutors

Each county elects a prosecuting attorney to a four-year term.

Mich. Const. art. VII, sec. 4
Public defense

Each local court funding unit chooses how to provide lawyers for people who can't afford one: a public defender office, a list of assigned or contract lawyers, or a mix. The state Michigan Indigent Defense Commission sets minimum standards, approves each plan, and funds it with grants.

Michigan Indigent Defense Commission, FY2026 reportMichigan Indigent Defense Commission
Jails

The county sheriff runs the county jail. Cities, villages, and townships may also hold people briefly in their own lockups.

MCL 51.75MCL 780.581(4)

Read from the statutes and court rules cited, 2026-09-30. Interim bond under MCL 780.581 is an amount the accepting officer picks within a fine range, not a court-adopted schedule. The pretrial pilot release does not name the tool. District judge term (six years) not read from statute; circuit term is from the constitution. Some district court magistrate duties may require a lawyer; not checked.