6.15Entering a Plea

At arraignment, a defendant charged with a misdemeanor or ordinance violation must enter a plea after the court has informed the defendant of the charge as it is stated in the warrant or complaint. MCL 774.1a.

See the Michigan Judicial Institute’s checklist for guilty and no contest pleas.

A.Standing Mute or Pleading Not Guilty

If the defendant refuses to enter a plea at arraignment, the court must order that a plea of not guilty be entered. MCL 774.1a.

With the court’s permission, a defendant may stand mute or plead not guilty without a formal arraignment by filing a written statement signed by the defendant and any defense attorney of record. MCR 6.610(D)(4) states:

“The court may allow a defendant to enter a plea of not guilty or to stand mute without formal arraignment by filing a written statement signed by the defendant and any defense attorney of record, reciting the general nature of the charge, the maximum possible sentence, the rights of the defendant at arraignment, and the plea to be entered. The court may require that an appropriate bond be executed and filed and appropriate and reasonable sureties posted or continued as a condition precedent to allowing the defendant to be arraigned without personally appearing before the court.”

B.Pleading Guilty or Nolo Contendere

MCR 6.610(F) outlines the required procedure by which a district court may accept a defendant’s plea of guilty or nolo contendere. MCR 6.302 outlines the same procedure, albeit with more detail, for accepting a defendant’s plea of guilty or no contest to a charged offense cognizable in circuit court.¹ Before accepting the plea, the district court must “determine that the plea is understanding, voluntary, and accurate.”² MCR 6.610(F)(1).

C.Written Plea of Guilty or Nolo Contendere

Under very specific circumstances, a case may be completely disposed of in writing and without the defendant ever having to appear personally before the court. Provided some additional requirements are met, MCR 6.610(F)(7) permits a defendant to enter a written plea of guilty or no contest. “Pleas by mail” are regularly used to accommodate traffic offenders from out of state. See SCAO Form DC 223, Plea by Mail. MCR 6.610(F)(7) states:

“A plea of guilty or nolo contendere in writing is permissible without a personal appearance of the defendant and without support for a finding that defendant is guilty of the offense charged or the offense to which the defendant is pleading if

(a) the court decides that the combination of the circumstances and the range of possible sentences makes the situation proper for a plea of guilty or nolo contendere;

(b) the defendant acknowledges guilt or nolo contendere, in a writing to be placed in the district court file, and waives in writing the rights enumerated in [MCR 6.610(F)(3)(b)]; and

(c) the court is satisfied that the waiver is voluntary.

A ‘writing’ includes digital communications, transmitted through electronic means, which are capable of being stored and printed.”