Understand Your Rights. Solve Your Legal Problems
An arrest in Michigan initiates a specific legal process. Navigating the criminal justice system requires understanding each stage, from initial charges to sentencing.
This guide outlines what happens after an arrest in Michigan, explains common charges and their classifications, and provides a clear roadmap for protecting your rights.
Every state has its own set of laws and common offenses. In Michigan, the most frequent criminal charges include:
Operating While Intoxicated (OWI/DUI): Driving under the influence of alcohol or drugs.
Assault and Battery: Ranging from simple altercations to serious injury cases.
Drug Possession: Often involving marijuana, opioids, or prescription drugs.
Theft and Property Crimes: Shoplifting, burglary, or auto theft.
Domestic Violence: Charges related to physical harm or threats against a household member.
Understanding the specific charge you face is the first step in building a defense.
In Michigan, criminal offenses are divided into misdemeanors and felonies.
Misdemeanors are less serious crimes, typically punishable by up to 1 year in county jail and fines up to $1,000. Common examples include petty theft, first-time OWI, or simple assault.
Felonies are much more serious and can carry sentences from more than 1 year to life in prison. Michigan felonies are grouped into Classes A through H:
Class A: Life imprisonment (e.g., first-degree murder, kidnapping).
Class B: Up to 20 years (e.g., child abuse, armed robbery).
Class C: Up to 15 years (e.g., manslaughter).
Class D: Up to 10 years (e.g., larceny over $20,000).
Class E–H: Ranging from 5 years to 2 years, depending on the offense.
Knowing whether your charge is a misdemeanor or felony is critical because it determines both potential penalties and long-term consequences.
The process usually follows these steps:
This is the initial stage where law enforcement takes you into custody. Booking is the formal process of recording your personal information, the details of your arrest, and the charges against you.
It involves taking your mugshot and fingerprints, and seizing any personal property on your person. This information is then used to create a criminal record. After booking, you are typically held in a local jail until your first court appearance.
A bail hearing is held to determine if you can be released from custody while your case is pending. The judge sets a bail amount, which is a sum of money you or a bail bond company must pay to ensure you return for future court dates.
Bail can be set at a high amount, or you may be released on your own recognizance (meaning you don't have to pay a bond but promise to appear) or with specific conditions, such as electronic monitoring or "no contact" orders. In some very serious cases, bail may be denied entirely.
The arraignment is your first formal court appearance. At this hearing, a judge or magistrate will officially inform you of the charges against you and advise you of your constitutional rights.
You'll be asked to enter a plea: guilty, not guilty, or no contest. If you plead guilty, the judge may proceed to sentencing immediately or schedule it for a later date. If you plead not guilty or "stand mute" (which is treated as a not guilty plea), the case will move forward.
This is also when a judge will confirm your attorney or determine if you qualify for a court-appointed public defender.
This step is crucial for felony cases only. The preliminary examination is a "mini-trial" held in District Court to determine if there is enough evidence to justify moving the case to the higher Circuit Court.
The prosecutor must present evidence and witness testimony to establish "probable cause" that a crime was committed and that you committed it. Your attorney can cross-examine witnesses and challenge the evidence.
If the judge finds probable cause, the case is "bound over" to Circuit Court for trial. If not, the case can be dismissed.
Following the arraignment, a pre-trial conference is scheduled. This is a meeting between your defense attorney and the prosecutor to discuss the case.
This is a key opportunity for plea negotiations, where the prosecutor may offer a reduced charge or a specific sentence in exchange for a guilty plea. Most criminal cases are resolved at this stage through a plea bargain, without going to trial.
If a plea bargain cannot be reached, the case proceeds to trial. A trial is a formal court proceeding where evidence is presented to a judge or a jury, who will decide whether you are guilty or not guilty.
The prosecutor must prove your guilt beyond a reasonable doubt. Your defense attorney will present your side of the case, question the prosecution's witnesses, and work to create reasonable doubt.
If you are found guilty at trial or enter a guilty plea, the judge will proceed to sentencing. In Michigan, judges use sentencing guidelines to determine the appropriate penalty.
These guidelines are based on the severity of the crime and your prior criminal history. Before sentencing, a probation officer may conduct a pre-sentence investigation and prepare a report that includes background information and a sentencing recommendation.
The judge considers this report, along with arguments from both your attorney and the prosecutor, before imposing a final sentence.
Technically, you can represent yourself, but Michigan’s criminal courts are complex, and mistakes can cost you your freedom. An experienced defense attorney can challenge evidence, negotiate reduced charges, or even get a case dismissed.
Tip: Compare criminal defense lawyers in Michigan before making any decisions. Even a consultation can give you clarity.
If you can't afford a private attorney, you may qualify for a court-appointed public defender. These are licensed attorneys who are often experienced in criminal defense due to a high volume of cases.
In Michigan, the Michigan Indigent Defense Commission (MIDC) works to ensure a fair defense for all, but there are some trade-offs to be aware of:
Understanding these points can help you set realistic expectations for your legal defense.
Here’s a quick overview of potential penalties in Michigan:
Misdemeanor: Up to 1 year in jail and fines up to $1,000.
Felony Class A: Life in prison.
Felony Class B: Up to 20 years.
Felony Class C: Up to 15 years.
Felony Class D: Up to 10 years.
Felony Class E: Up to 5 years.
Felony Class F: Up to 4 years.
Felony Class G: Up to 2 years.
Felony Class H: Jail time, probation, or treatment programs.
The exact penalty depends on your charge, criminal history, and whether there were aggravating factors.
Yes, Michigan has expanded its expungement laws in recent years. You may qualify if it’s been a certain number of years since your conviction, and depending on the type of offense.
For example, many misdemeanors can be cleared after 3–5 years, while certain felonies may be eligible after 7 years. However, serious crimes like murder or criminal sexual conduct are not eligible.
Learn more about expungement eligibility from Michigan Legal Help
If this is your first offense, Michigan courts sometimes offer alternatives like:
Deferred sentencing (your record can be cleared after completing probation).
Diversion programs (such as substance abuse treatment).
HYTA (Holmes Youthful Trainee Act): Special consideration for individuals aged 17–24, allowing them to avoid a permanent record if they complete court requirements.
These programs can make a huge difference in protecting your future opportunities.
Attorney fees for a criminal lawyer in Michigan vary based on the case's complexity, the lawyer's experience, and the fee structure. For a simple misdemeanor, a flat fee of $1,500 to $4,000 is common.
More complex felony cases can cost $10,000 to over $25,000.
Lawyers typically use three fee structures:
Additional costs, like those for investigators or experts, are usually extra. Many lawyers offer free consultations and payment plans.
Don't wait, time matters in criminal cases. A good defense strategy should start immediately.
Click here to get your free case review in Michigan
What happens at an arraignment in Michigan?
At an arraignment, the judge reads the charges, informs you of your rights, and asks for your plea. Bail may also be discussed.
Can you go to jail for a first offense in Michigan?
Yes, even first offenses can result in jail time, depending on the charge. However, judges often consider alternatives for first-time offenders.
How long does a misdemeanor stay on your record in Michigan?
Without expungement, a misdemeanor stays permanently. With Michigan’s new laws, many misdemeanors can be expunged after a few years.
What is the Holmes Youthful Trainee Act (HYTA)?
HYTA is a Michigan program that gives certain young people (17–24) a chance to keep their records clean if they successfully complete probation or treatment.
