If Criminal Sexual Conduct (CSC) charges are brought following an investigation, after being arrested (or "turning yourself" in), the first official Court hearing will be the Arraignment. The purpose of Arraignment is twofold:
- to inform the Defendant of what their charges and maximum possible penalties are; and
- to determine if the Defendant will be granted bond (or held in custody in Jail on "remand" while the case proceeds), including the amount and type of any money bail and the terms and conditions of release.
Under normal conditions, a person charged with a crime is entitled to be released on" personal recognizance" (sometimes called a “PR“ bond) on the conditions that they reappear in court when ordered, don’t commit any offenses while released, and don’t leave the State of Michigan without the permission of the court.
Or, “if the court determines that the release on [Personal recognizance] will not reasonably ensure the appearance of the defendant as required, or will not reasonably ensure the safety of the public, the court may order the pretrial release of the defendant, on the condition or combination of conditions that the court determines are appropriate…”. This language is from Michigan Court Rule (MCR) 6.106(C).
In other words, if the court determines that you are a potential flight risk or a danger to the community, it can order you to post money bail (one of several types, such as cash, 10%, or surety) and order you to comply with certain conditions in order to be released from Jail after Arrangement.
Related: how much will my Bond be for Criminal Sexual Conduct charges?
These additional conditions may include: no contact with the alleged victim or others, not to go to certain places, reporting to the "Pretrial Services" division of the court, drug or alcohol testing, surrendering a Driver's License or Passport, wearing a GPS tether, or others.
That’s how it works for most Michigan criminal charges, including Second Degree Criminal Sexual conduct, Third Degree Criminal Sexual Conduct, and Fourth Degree Criminal Sexual Conduct.
However, if you are charged with Criminal Sexual Conduct - First Degree, MCL 750.520b, the most serious of the CSC offenses, punishable by up to life, the court can DENY you pretrial release and order you held in custody (sometimes called “on remand”) until trial or until a later time if the court, or a higher court, reviews that decision and decides otherwise. This is under MCR 6.106(B)(1)(b), which states:
"The court may deny pretrial release to… a defendant charged with criminal sexual conduct in the first degree, armed, robbery, or kidnapping with the intent to extort money or other valuable things thereby, if the court finds that proof of the defendant's guilt is evident or the presumption great, unless the court fines by clear, and convincing evidence that the defendant is not likely to flee or present a danger to any other person.”
As you can see, this requires the court to take a look at the strength of the evidence in the Prosecution’s case against you and make a preliminary determination as to whether it shows that guilt is “evident,” or that the “presumption is great.”
Even if the court determines those things are true, it still must evaluate whether or not there is "clear and convincing" evidence to show that you are not likely to be a flight risk or a danger to the public.
Because this means the entire case is relevant at this early stage, Arraignment is one of many stages of a CSC case for the advocacy of a skilled, experienced and aggressive Michigan Criminal Sexual Conduct Attorney can really pay off. Knowing how to properly defend CSC cases is therefore a key skill for your Attorney to have.
Plus, the ability to remain out on Bond well your case proceeds (which can take months or even years in some extreme cases) represents your ability to produce income, be with family, and ultimately increases your chances of a successful outcome for those and many other reasons.
At Prain law, PLLC, we specifically concentrate on defending those accused of Criminal Sexual Conduct. In our experience, being denied Bond and held in custody for First Degree CSC charges is rare for most Defendants but can sometimes become a reality, particularly for those who already have significant criminal record.
However, if you are denied Bond and held in custody, there is a time limit on how long this can continue. MCR 6.106(B)(3) states that 90 days is the limit:
"If the court determines . . . that the defendant may not be released, the court must order the defendant held in custody for a period not to exceed 90 days after the date of the order, excluding delays attributable to the defense, within which trial must begin or the court must immediately schedule a hearing and set the amount of bail."
This is different than the Constitutional right to a speedy trial, but it arises out of the same principle - people presumed innocent should not be sitting in Jail as "pretrial detainees."
Finally, if you are held in custody without Bond, there is something that can be done even before the 90 day period is up. Under MCR 6.106(G), you may ask the court for a "custody hearing." This rule states:
"(1) Entitlement to Hearing. A court having jurisdiction of a defendant may conduct a custody hearing if the defendant is being held in custody pursuant to subrule (B) and a custody hearing is requested by either the defendant or the prosecutor. The purpose of the hearing is to permit the parties to litigate all of the issues relevant to challenging or supporting a custody decision pursuant to subrule (B).
(2) Hearing Procedure.
(a) At the custody hearing, the defendant is entitled to be present and to be represented by a lawyer, and the defendant and the prosecutor are entitled to present witnesses and evidence, to proffer information, and to cross-examine each other’s witnesses.
(b) The rules of evidence, except those pertaining to privilege, are not applicable. Unless the court makes the findings required to enter an order under subrule (B)(1), the defendant must be ordered released under subrule (C) or (D). A verbatim record of the hearing must be made."
Prain Law has successfully held custody hearings on behalf of our clients accused of CSC. Unfortunately, it seems that many Attorneys are not even aware of the "90-day rule" and the ability to ask for a custody hearing.