Can a defendant have a scheduled arraignment in court without having been arrested?

Recently a man was taken into police custody after a bench warrant had been issued for his arrest due to his absence in court for an arraignment. This man has never been arrested or has had charges brought against him.

Asked on October 27, 2011 under Criminal Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person who you are writing about has been taken into police custody on an outstanding bench warrant, he apparently has been arrested (or a citiation issued requiring him to appear which was mailed) in that the bench warrant was issued due to the failure to appear at the arraignment.

Most likely there was some citation issued to the person who you are writing about that was supposedly mailed to him. His failure to appear at the date, place and time on the presumed mailed citation resulted in the bench warrant being issued in my opinion.

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