What Happens After an Arrest in Michigan? A Step-by-Step Guide to the Michigan Criminal Justice Process

Being arrested in Michigan can be overwhelming, confusing, and intimidating. Whether you are facing a misdemeanor charge or felony charge, understanding the criminal justice process in Michigan is critical. Many people do not know what happens after an arrest, what rights they have, or what to expect in court. At Bondy Law, PLLC, we help clients throughout Michigan navigate the criminal justice system and protect their rights at every stage of a criminal case, from pre-charge / investigation through trial, sentencing, and appeal. This guide helps explain the Michigan criminal process step-by-step, including:

• Arrests

• Jail booking and fingerprinting

• Miranda rights and police questioning

• Bond, bail, and Arraignment

• Misdemeanor and Felony proceedings

• Criminal discovery process and evidence review

• Trial rights and process

• Sentencing in Michigan state law criminal charges

How Can Police Arrest Someone in Michigan?

In Michigan, law enforcement officers can make an arrest either with an arrest warrant or without an arrest warrant (warrantless arrest). An arrest warrant is issued by a judge or magistrate after a prosecutor authorizes a criminal complaint and a police officer submits information to the court in a "swear to" proceeding alleging that probable cause exists to believe that a crime was committed and the accused (defendant) committed that crime. Arrest warrants are common in cases involving criminal investigation, delayed charging decisions, white collar crimes, fraud allegations, domestic violence and assaultive allegations (not witnessed by law enforcement), sexual assault allegations, and drug investigations. If an arrest warrant is issued for your arrest and it is not resolved immediately, you can be arrested on that warrant at any point in time, including traffic stops, at home or work, or when you are out in the public. Police may also make an arrest without a warrant (warrantless arrest) in situations where law enforcement allegedly witnesses a crime, the officer has reasonable cause to believe that a felony offense, misdemeanor domestic violence offense, or traffic offense has been committed. Warrantless arrests commonly occur in DUI / OWI arrests, domestic violence cases, drug possession cases, assault cases, retail fraud cases, and disorderly conduct cases.

Booking, Fingerprinting, Jail Intake, and Police Questioning

After an arrest in Michigan, the person arrested is typically taken to a police station, county jail, or local lockup facility for booking, intake, and processing. The booking process often includes fingerprinting, mugshots, DNA collection (in some cases), property inventory, criminal history review, and jail classification. However, often either before or immediately after the booking process is completed, law enforcement officers will attempt to question the accused. One of the most important things you can do to protect yourself after an arrest is to invoke your constitutional right to remain silent.

If law enforcement wants to conduct a custodial interrogation (questioning while your freedom of movement is restricted / you are in police custody), they must advise you of your constitutional rights through Miranda Warnings. Even before Miranda warnings are given, you must be extremely careful about answering any questions other than routine personal information required in the booking process. Many people believe that they can "talk their way out" of charges, but in reality statements made during police questioning rarely if ever help your defense and are often used later by prosecutors to secure a conviction. Law enforcement often try to confuse an accused or look for minor discrepancies in statements to support their arrest decision.

Choosing to remain silent does not mean that you are being rude or not cooperating. You can and should be police and respectful, follow all lawful orders, cooperate physically, and provide basic information in the booking process. You can do this without discussing the facts of your case. Law enforcement officers are trained on eliciting statements to secure a conviction; however, they are also trained and understand your constitutional right to remain silent. Invoking your right to remain silent and requesting an attorney is often one of the safest decisions you can make after an arrest.

Bail, Bond, Arraignment and Release Conditions

After an arrest, the accused must be brought before a district court judge or magistrate for an arraignment or released on an interim bond pending formal issuance of a charge or scheduling of an arraignment at a later date. For individuals held in custody, arraignments usually occur relatively quickly after arrest and generally must take place within 72-hours after arrest. For individuals released by law enforcement with an appearance ticket or on an interim bond, the arraignment may be scheduled days or weeks later depending on the court and case type.

An arraignment is the first formal court appearance after criminal charges are filed. The arraignment hearing involves the court advising the accused of the charges and their constitutional rights, after which a plea is entered (either not guilty or the accused stands mute and a not guilty plea is entered). The court next addresses bond and release conditions, followed by scheduling future court dates. Having an experienced criminal defense attorney involved before arraignment can be extremely important to avoid a high cash bond as well as limiting restrictive bond conditions.

In Michigan, the bail / bond process involves the court setting a monetary amount bond and conditions of release. A bond is a formal, written agreement or financial guarantee that ensures that the accused will appear in court for future hearings and follow through on court ordered obligations. Common bonds include a personal recognizance bond ("PR bond"), cash / surety bond, or a cash / surety / 10% bond. When setting a bond, the court considers several factors, including: the seriousness of the alleged offense, prior criminal history, prior failure to appear in court history, community ties, public safety concerns, and substance abuse or mental health concerns. More serious felony charges and charges involving drugs or alcohol can result in higher bond amounts, stricter release conditions, and more intensive pretrial monitoring. Common bond conditions imposed by Michigan courts include drug and alcohol testing, no use of drugs or alcohol (including recreational marijuana), no contact orders, no return to location orders, travel restrictions, curfews, GPS monitoring, mental health treatment, substance abuse treatment, and firearm restrictions. Violating bond conditions can result in bond revocation and placement in the county jail, new criminal charges, increased testing conditions, increased monitoring provisions, and forfeiture of the financial bond posted.

The Pretrial Phase: Misdemeanor vs. Felony Cases in Michigan

The Michigan criminal process differs significantly between misdemeanor and felony charges. Although all criminal charges - misdemeanors and felony charges - are originally filed in a district court, felony charges are sent to the county circuit court ("bound over") for trial if the prosecution establishes that probable cause exists to believe that a felony offense was committed and the accused committed that felony offense at a preliminary examination or if the accused waives their right to a preliminary examination. Misdemeanor cases without additional felony charges remain in the district court for trial or resolution and sentencing. There is no right in Michigan to a preliminary examination ("probable cause hearing") for misdemeanor cases without additional felony charges.

Misdemeanor case proceedings involve an arraignment, pretrial conference(s), motion hearing(s), plea hearing or trial, and a sentencing hearing. Many misdemeanor cases resolve through carefully negotiated plea agreements, diversion programs, deferred sentencing agreements, and sentencing agreements. Common misdemeanor offenses in Michigan include DUI/OWI offenses, domestic violence, retail fraud ("shoplifting"), reckless driving, driver's license violations, assault and battery, drug possession, and disorderly conduct.

Felony cases involve additional procedural stages. Following an arraignment, the accused will be scheduled for a probable cause conference ("PCC"), which typically happens within 14-days of arraignment. This hearing allows the attorneys to discuss discovery, bond modification requests, motions, negotiations and potential resolutions, and schedule a preliminary examination. Unless waived by the accused or adjourned for good cause by the court, the accused has a right to hold a preliminary examination within 21-days of arraignment. A preliminary examination is an extremely important hearing in the district court. At this hearing, the prosecutor must present sufficient evidence to establish probable cause that a felony offense was committed and the accused allegedly committed it. This often involves witness testimony, presentation of exhibits, and cross-examination of witnesses and challenging of evidence by the defense attorney. Some felony cases are dismissed, reduced, or strategically resolved during this stage. If probable cause is established or if the accused waives the preliminary examination, the case proceeds to the county circuit court for an arraignment on the information, additional pretrial hearings, motion hearing(s), trial or plea hearing, and sentencing.

Discovery and Evidence Review in Michigan Criminal Cases

An experienced criminal attorney does much more than just appear in court. One of the most important aspects of criminal defense is thoroughly reviewing and investigating the evidence produced by the prosecutor's office in addition to conducting an independent investigation to uncover exculpatory evidence. Discovery materials produced by the prosecutor's office may include police reports, body-worn camera footage, dash camera footage, witness statements, photographs, laboratory reports, cell phone evidence, social media evidence, surveillance records, medical records, search warrants, breath or blood test results. Defense attorneys may also file discovery motions, motions to compel evidence, motions to subpoena evidence, preservation requests, and Freedom of Information Act ("FOIA") requests as part of their investigation. A detailed review of the evidence can uncover constitutional violations, inconsistent witness statements, missing evidence, improper police procedures, scientific testing issues, and other weaknesses to the government's case that can create reasonable doubt, lead to reduced charges and favorable plea negotiations, or be presented in a motion to suppress evidence and/or dismiss the charges.

Trial Rights and the Criminal Process in Michigan

Every person charged with a crime in Michigan has important constitutional rights. These rights include the right a jury trial or bench trial, the right to remain silent, the right to confront witnesses, the right to present evidence and witnesses, the right to an attorney, and the right to be presumed innocent unless proven guilty beyond a reasonable doubt. A criminal trial typically involves jury selection, opening statements, witness testimony and cross-examination, admission of evidence, closing arguments, and jury deliberations. Both misdemeanor and felony charges may proceed to trial depending on the circumstances of the case.

Sentencing in Michigan Criminal Cases

If a person pleads guilty or no contest, or is convicted following a trial, the case proceeds to a sentencing hearing. Michigan misdemeanor sentencing orders may include probation, jail, inpatient substance treatment programs, fines and costs, and restitution. Felony sentencing orders are generally more complex and may involve prison exposure, probation, specialty court programs, restitution, and often carry long-term collateral consequences. Terms of probation for both felony and misdemeanor convictions can include substance use treatment, mental health treatment, counseling, drug and alcohol testing, no-contact orders, community service, and regular meetings with a probation officer and the court. Factors that may influence sentencing orders include criminal history, the facts of the case, victim impact statements, substance abuse issues, mental health considerations, mitigating evidence, and rehabilitation efforts taken prior to sentencing.

Charged with a Crime in Michigan? Speak with an Experienced Criminal Defense Lawyer

If you or a loved one has been arrested in Michigan, early intervention by an experienced criminal defense attorney can make a major difference in the outcome of the case. The criminal justice process moves quickly and important decisions made early in a case can affect bond conditions, evidence preservation, negotiation opportunities, trial strategy, and assist in avoiding long-term consequences. Bondy Law, PLLC represents clients throughout Michigan in misdemeanor and felony criminal cases, including OWI/DUI charges, assault cases, domestic violence allegations, drug crimes, retail fraud offenses, theft offenses, and a variety of other criminal matters.

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