If police arrest you in Michigan, the criminal process can begin quickly. After an arrest, you may be taken to jail for booking, brought before a judge for arraignment, and released with conditions while the criminal case continues. What happens next depends on the charges and whether you are accused of a misdemeanor or a felony.
An arrest does not mean you are guilty. Prosecutors still have to prove the criminal charge, and you have the right to challenge the evidence against you. If police question you about the alleged offense, you have the right to remain silent and ask to speak with a lawyer before answering questions.
Getting a Michigan criminal defense lawyer involved early gives you an opportunity to understand what is happening before you make decisions about your case. Davis Law Group can advise you about police questioning, prepare you for arraignment, address your release conditions, and begin reviewing the prosecution’s case.
We represent people facing criminal charges throughout Southeast Michigan. If police have arrested you or someone close to you, contact Davis Law Group to discuss what happens next and how we can help protect your rights.
What Happens After You Are Arrested in Michigan?
The Michigan criminal process can involve several stages after an arrest. A misdemeanor and felony do not follow exactly the same procedure, but a criminal case may involve:
- Arrest and booking
- Arraignment and a pretrial release decision
- Pretrial court proceedings
- Plea negotiations
- Trial, if the case is not resolved earlier
Not every case reaches trial, and the timing between these stages can vary. A misdemeanor generally remains in the district court. A felony begins in district court and can proceed to circuit court after the required preliminary proceedings and bindover.
The court will set hearings and deadlines as the case moves forward. Your attorney can track those requirements, prepare you for each proceeding, and explain your options before you make decisions that affect your case.
What Happens During Arrest and Booking in Michigan?
After police arrest you, officers generally take you to a jail or detention facility for booking. Authorities create a record of the arrest and collect identifying information. Depending on the circumstances and the charge, they may also take your fingerprints and photograph.
Booking does not require you to explain the alleged offense or convince police that you are innocent. If officers question you about the allegations, you can tell them that you want to remain silent and speak with a lawyer.
Statements you make during a police interview can become evidence. Even an explanation that seems harmless at the time could later become part of the prosecution’s case.
Michigan law also requires authorities to move an arrested person toward an initial court appearance without unnecessary delay when the person has not been released. Michigan Court Rule 6.104(A) addresses arraignment after an arrest and permits the court to conduct the proceeding through two-way interactive video technology.
For felony arrests, Michigan Compiled Laws § 764.26 similarly requires authorities to take the person before a magistrate or other judicial officer without unnecessary delay.
What Happens at an Arraignment in Michigan?
Arraignment is one of the first court proceedings after an arrest. The court identifies the criminal charge, explains your rights and the potential penalties, and addresses whether you can be released while the case is pending.
The judge may release you without requiring a monetary bond or impose other release conditions. Those conditions can affect where you can go, who you can contact, whether you can travel, and other parts of your daily life.
A Michigan criminal defense lawyer can appear with you at arraignment, explain what is happening, and advocate for appropriate release terms.
The Court Explains the Criminal Charge and Your Rights
Michigan Court Rule 6.104(E) requires the court to tell you the nature of the charged offense, the maximum possible prison sentence, and any mandatory minimum sentence that applies.
If you appear without a lawyer, the court must also advise you of your right to remain silent, explain that statements you make can be used against you, and inform you of your right to have counsel present during questioning. If you qualify for appointed counsel, the court must explain that right as well.
These rights apply before and during your court proceedings. If police want to question you about the alleged offense after your arrest, you can ask to speak with a lawyer rather than attempting to explain the situation yourself.
The Judge Decides Whether You Can Be Released
Unless the law permits the court to deny release, the rule generally directs the court to order personal recognizance or an unsecured appearance bond unless the judge determines that another form of release is necessary.
When deciding whether additional conditions are appropriate, the court considers information relevant to whether you will appear for future proceedings and whether your release presents a danger to another person or the public.
If the judge imposes release conditions, make sure you understand exactly what the order requires before leaving court. Violating a release condition can create additional problems while your criminal case is pending.
Davis Law Group can advocate for appropriate release terms and explain the conditions that apply to you after arraignment.
What Happens After a Misdemeanor Arrest in Michigan?
A misdemeanor case generally remains in district court. Michigan law establishes procedures for misdemeanor cases, including requirements concerning arraignment and the defendant’s rights.
After the arraignment, the defense can begin examining the prosecution’s evidence and identifying the issues that may affect how the case is resolved. Depending on the charge and circumstances, the case may be resolved through a plea agreement or proceed toward trial.
The fact that the police arrested you does not establish that you committed the misdemeanor. Prosecutors still have to prove the elements of the specific offense beyond a reasonable doubt.
What Happens After a Felony Arrest in Michigan?
A felony case involves additional proceedings before it can proceed to circuit court. After arraignment, the district court generally schedules a probable cause conference. Michigan Court Rule 6.104(E)(4) provides for the conference to generally occur seven to 14 days after arraignment, followed by a preliminary examination generally five to seven days later.
At a preliminary examination, the prosecution must establish probable cause that a felony was committed and that you committed it. The defense can cross-examine prosecution witnesses and challenge the prosecution’s evidence.
If the district court finds probable cause, the felony case can be bound over to the circuit court for further proceedings. The case may also be resolved before reaching trial through a plea agreement or other legal process.
A Michigan criminal defense attorney can prepare for these proceedings, evaluate the prosecution’s evidence, and determine whether there are grounds to challenge the state’s case.
What Should You Do After Being Arrested in Michigan?
The decisions you make immediately after an arrest can affect your criminal case. Some of the most important steps include:
Exercise Your Right to Remain Silent
You do not have to explain the allegations to the police. If investigators want to question you, you can tell them that you want to remain silent and speak with a lawyer. Providing information needed for booking is different from answering questions about the alleged crime.
Ask to Speak With a Lawyer
Contact a Michigan criminal defense attorney as soon as possible after your arrest. A lawyer can advise you before you answer questions, prepare you for arraignment, and begin reviewing the circumstances that led to your arrest. Early legal representation can also give your attorney more time to address release conditions and preserve or investigate evidence.
Follow Your Release Conditions
If the judge releases you with conditions, follow those conditions unless the court changes them. Make sure you know the date, time, and location of your next court appearance. If a condition interferes with your work, family responsibilities, travel, or another important part of your life, talk to your attorney rather than ignoring the order. Your lawyer may be able to ask the court to modify the condition when the law provides grounds to do so.
Preserve Evidence Related to Your Case
Keep relevant text messages, photographs, videos, documents, and other information rather than deleting or changing them. Your attorney can review this information along with police reports, witness statements, recordings, and other evidence. You should also avoid discussing the allegations publicly or posting about your case on social media. Statements you make could potentially become evidence in the criminal proceedings.
What Defenses Can You Raise After a Michigan Arrest?
An arrest does not establish that prosecutors can prove the criminal charge. The defense strategy depends on what prosecutors must prove and the evidence they have available.
Davis Law Group can examine the prosecution’s evidence and the circumstances surrounding your arrest to identify potential defenses and legal challenges.
Challenging Evidence Obtained Through an Unlawful Search
The Fourth Amendment protects against unreasonable searches and seizures. If police searched your home, vehicle, phone, or other property without the required legal authority, we can examine whether there are grounds to challenge the evidence they obtained.
Depending on the circumstances, a suppression motion may ask the court to prevent prosecutors from using evidence obtained in violation of your constitutional rights.
Challenging Statements Made to Police
The Fifth Amendment protects against compelled self-incrimination, and the circumstances surrounding police questioning can affect whether statements can be used in a criminal case.
We can examine when and where police questioned you, what warnings were provided, whether you invoked your rights, and the circumstances under which you made any statements.
Challenging the Prosecution’s Evidence
Sometimes the central issue is not how the police obtained the evidence but whether the evidence proves the charge. A witness may provide an account that conflicts with other evidence. The prosecution may lack reliable evidence identifying you as the person who committed the alleged offense. Or the evidence may fail to establish one or more elements of the specific crime.
We can evaluate the evidence against you and build a defense based on the facts and applicable law in your case.
What Happens Between Court Dates in a Michigan Criminal Case?
A criminal case continues between court appearances. Prosecutors may continue investigating and preparing their evidence, while the defense can investigate the allegations, review discovery, communicate with prosecutors, and prepare for upcoming proceedings.
Your attorney may also receive and review a plea offer. You do not have to accept a plea agreement simply because prosecutors have offered one. Before deciding how to respond, you should understand the charge, the evidence, the potential penalties, the terms of the agreement, and what could happen if you reject it.
The work performed between court dates can affect what happens at the next hearing. Your attorney can use this time to identify weaknesses in the prosecution’s case, raise legal challenges, and prepare for trial when necessary.
Why Hire Davis Law Group After an Arrest in Michigan?
The first days after an arrest can involve important decisions about police questioning, arraignment, release conditions, and the defense of the criminal charge.
Davis Law Group can advise you before you speak with investigators, prepare for your first court appearance, and advocate for appropriate release conditions. As the case progresses, we can obtain and examine the prosecution’s evidence, identify potential legal challenges, and help you evaluate whether a plea agreement or trial is in your best interests.
Attorney Maurice Davis has more than 20 years of legal experience. Before defending people accused of crimes, he served as an assistant state’s attorney. That experience gave him firsthand knowledge of criminal motions, plea negotiations, bench trials, and jury trials.
Today, he uses that experience to examine criminal cases from the defense side, identify issues in the prosecution’s evidence, and develop strategies based on what the state must prove.
Davis Law Group represents people facing criminal charges throughout Southeast Michigan. If you have been arrested, contact us to discuss the charge, the next stage of the criminal process, and your options for defending the case.
