Michigan Compiled Laws
Mich. Comp. Laws § 764.26 (2026)
Arrest; rights of alleged felon.
✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
764.26 Arrest; rights of alleged felon.
Sec. 26.
Every person charged with a felony shall, without unnecessary delay after his arrest, be taken before a magistrate or other judicial officer and, after being informed as to his rights, shall be given an opportunity publicly to make any statement and answer any questions regarding the charge that he may desire to answer.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17160 ;-- CL 1948, 764.26
Notes of Decisions
Cited in 49
cases (5 in the last 5 years), 1955–2025 · leading case: People v. Cipriano, 429 N.W.2d 781 (Mich. 1988).
People v. Cipriano, 429 N.W.2d 781 (Mich. 1988). “MCL 764.26; MSA 28.885 states: Every person charged with a felony shall, without unnecessary delay after his arrest, be taken before a magistrate or other judicial officer and, after being informed as to his rights, shall be given an opportunity publicly to make any statement…”
People v. Mallory, 365 N.W.2d 673 (Mich. 1985). “" MCL 764.26; MSA 28.885. Similarly, if with less specificity, the state constitutional guarantee of due process of law requires an arrestee's prompt arraignment.”
People v. Antonio Johnson, 271 N.W.2d 177 (Mich. Ct. App. 1978). “At the conclusion of the hearing, the court found that, although defendant was properly advised of and waived his Miranda [2] rights, the statement must be suppressed because he was not arraigned without unnecessary delay, a violation of MCL 764.26; MSA 28.885. [3] The…”
People v. Manning, 624 N.W.2d 746 (Mich. Ct. App. 2001). “[15] MCL 764.26; MSA 28.885; MCR 6.104. [16] Riverside Co.”
People v. White, 257 N.W.2d 912 (Mich. 1977). “[3] MCLA 764.26; MSA 28.885. [4] The practice in justice of the peace courts in 1963 was to advise the accused of his right to have a lawyer appointed for the preliminary examination which would be held at a later date.”
People v. Bladel, 365 N.W.2d 56 (Mich. 1986). “[25] A Although the police had sufficient probable cause to obtain a warrant for defendant Jackson's arrest as a result of codefendant Knight's statements, they did not do so. Defendant was "arrested" on the murder charges on Tuesday, July 31, at 2 p.”
People v. Jackson, 319 N.W.2d 613 (Mich. Ct. App. 1982). “Defendant initially argues that the trial court should have suppressed his confessions made prior to arraignment because the delay in arraigning defendant was used to exert psychological pressure and to extract his confessions.”
People v. Perryman, 280 N.W.2d 579 (Mich. Ct. App. 1979). “*520 Following a bench conference, the court ruled that, in accordance with MCL 764.26; MSA 28.885, 1 it would suppress any declarations made prior to defendant’s presentment before a magistrate.”
People v. Cain, 829 N.W.2d 37 (Mich. Ct. App. 2012). “13; MCL 764.26; see also People v Manning, 243 Mich App 615, 622 ; 624 NW2d 746 (2000).”
People v. Crawford, 414 N.W.2d 360 (Mich. 1987). “865, and the magistrate shall inform an alleged felon of his rights and give him an opportunity to speak, MCL 764.26, 765.6; MSA 28.885, 28.893. A violation of these statutory duties might be correctable prior to trial by one or more of the remedies suggested above, but it could…”
People v. Wallach, 312 N.W.2d 387 (Mich. Ct. App. 1981). “MCL 764.26; MSA 28.885 and MCL 764.13; MSA 28.”
People v. Rutherford, 364 N.W.2d 305 (Mich. Ct. App. 1985). “871(1) and MCL 764.26; MSA 28.885 prohibit unnecessary delays between arrests and arraignments.”
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