Q: them my constitutional rights have been violated because my arraignment on information was waived without my knowledge
I am in jail
them my constitutional rights have been violated because my arraignment on information was waived without my knowledge. I nevere agreed on or off the record to waive my arraignment on information. I have nothing on paper with my signature or anything being waived on any court records. According to MCL 796.13 MCR 6.113 (A,B,C) I was bonded over to circuit court on 4\14\22 and still have not been arraigned on information well pass the 21 days allowed from 4\14\22 until now so how can I be at pretrial in circuit court ?
A:
One of two things happened at your prelim: either 1) you did waive circuit court arraignment, or 2) the district court judge arraigned you on the information - possibly because you refused to waive. If either of those two situations did not occur, as you are saying, then the remedy is for you to be arraigned: you'll be brought before a judge, told what the charges are and their maximum possible penalties, and a not-guilty plea will be entered on your behalf.
If you are in jail, then you are obviously communicating these questions to a friend or family member. And you are listening to people whose law degrees come from "________ Correctional Facility", who may be able to quote statutes and court rules, but don't know how they are applied. Stop! Even if you are saying is true, the fix is easy - they'll just bring you in front of a judge to arraign you. And what is that going to do for you? Don't you want to get to your pretrial so that you can get a better understanding of where your case is headed?
Here's a quick tip to check your information sources: a procedural error - like this would be - almost never results in a case being dismissed unless it occurs during a trial in front of a jury.
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