Michigan Compiled Laws

Mich. Comp. Laws § 257.727 (2026)

Arrest without warrant; arraignment by magistrate or family division of circuit court.

✓ current as of July 2026

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MICHIGAN VEHICLE CODE

Act 300 of 1949

257.727 Arrest without warrant; arraignment by magistrate or family division of circuit court.

Sec. 727.

If a person is arrested without a warrant in any of the following cases, the arrested person shall, without unreasonable delay, be arraigned by the magistrate who is nearest or most accessible within the judicial district as provided in section 13 of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.13, or, if a minor, taken before the family division of circuit court within the county in which the offense charged is alleged to have been committed:

(a) The person is arrested under section 601d.

(b) The person is arrested under section 625(1), (3), (4), (5), (6), (7), or (8), or an ordinance substantially corresponding to section 625(1), (3), (6), or (8).

(c) A person is arrested under section 626 or an ordinance substantially corresponding to that section. If under the existing circumstances it does not appear that releasing the person pending the issuance of a warrant will constitute a public menace, the arresting officer may proceed as provided by section 728.

(d) A person arrested does not have in his or her immediate possession a valid operator's or chauffeur's license or the receipt described in section 311a. If the arresting officer otherwise satisfactorily determines the identity of the person and the practicability of subsequent apprehension if the person fails to voluntarily appear before a designated magistrate or the family division of circuit court as directed, the officer may release the person from custody with instructions to appear in court, given in the form of a citation as prescribed by section 728.

History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 270, Eff. Sept. 28, 1951 ;-- Am. 1965, Act 41, Imd. Eff. May 25, 1965 ;-- Am. 1983, Act 63, Eff. Mar. 29, 1984 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992 ;-- Am. 1993, Act 301, Eff. June 30, 1994 ;-- Am. 1998, Act 348, Eff. Oct. 1, 1999 ;-- Am. 2004, Act 62, Eff. May 3, 2004 ;-- Am. 2008, Act 463, Eff. Oct. 31, 2010

Notes of Decisions

Cited in 9 cases, 1959–2010 · leading case: People v. Dixon, 222 N.W.2d 749 (Mich. 1974).

Sort: Relevance Newest Treatment

People v. Dixon, 222 N.W.2d 749 (Mich. 1974). · cites it 8× “Defendant was initially arrested pursuant to provisions of Chapter VI of the Michigan Vehicle Code, MCLA 257.727; MSA 9.2427 which reads in part: "Whenever any person is arrested without a warrant for any violation of this act or of a provision of any ordinance substantially…”

People v. Gonzales, 97 N.W.2d 16 (Mich. 1959). · cites it 2× “CLS 1956, §§ 257.727, 257.728 (Stat Ann 1952 Rev and Stat Ann 1955 Cum Supp §§ 9.”

People v. Burrell, 339 N.W.2d 403 (Mich. 1983). “See MCL 257.727; MSA 9.2427. We do not disagree.”

People v. McFadden, 188 N.W.2d 141 (Mich. Ct. App. 1971). · cites it 4× “MCLA § 257.727 (Stat Ann 1968 Rev §9.2427).”

City of Plymouth v. McIntosh, 804 N.W.2d 859 (Mich. Ct. App. 2010). · cites it 3× “581(3) until he was in a proper condition to be released and, apparently in lieu of an immediate arraignment, see MCL 257.727 and MCL 257.625b(l), was released after posting bond.”

Marrs v. Tuckey, 362 F. Supp. 2d 927 (E.D. Mich. 2005). · cites it 2× “See Mich. Comp. Laws § 257.727 (d); People v.”

People v. Poole, 501 N.W.2d 265 (Mich. Ct. App. 1993). “MCL 257.727(d); MSA 9.2427(d) (formerly subsection [4]); see also Dixon, supra at 701, n 13, 702-703 .”

People v. Henderson, 206 N.W.2d 771 (Mich. Ct. App. 1972). “MCLA 257.727; MSA 9.2427. Defendant Henderson was asked to step out of the car.”

People v. Bliss, 155 N.W.2d 196 (Mich. Ct. App. 1967). · cites it 2× “We further note that when the language of CLS 1961, § 257.727, supra, is compared- with that of the cited portions of CLS 1961, § 257.”

— Mich. Comp. Laws § 257.727(d) — 1 case

People v. Poole, 501 N.W.2d 265 (Mich. Ct. App. 1993). “MCL 257.727(d); MSA 9.2427(d) (formerly subsection [4]); see also Dixon, supra at 701, n 13, 702-703 .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.