If you are arrested in Michigan, the police will generally take you through booking before your case reaches court. A judge will then address the criminal charge and decide whether you can remain out of custody while your case is pending. An arrest does not mean you have been convicted. Prosecutors still have to prove the charge against you.
If investigators want to question you about the allegations, you can tell them that you want to remain silent and speak with a lawyer before answering questions. Trying to explain what happened on your own can give prosecutors statements they may later use against you.
You do not have to wait until your first court appearance to get legal help. A Michigan criminal defense lawyer can begin protecting your interests before arraignment, including advising you about police questioning, release conditions, and what to expect in court.
The Booking Process After a Michigan Arrest
After police arrest you, officers typically take you to a jail or detention facility for processing. Booking creates a record of the arrest and generally involves collecting identifying information. Authorities may also take your photograph and fingerprints when required.
Michigan specifically addresses fingerprinting after an arrest. Under Michigan Compiled Laws § 764.29, a magistrate must check the court file at arraignment to determine whether authorities took the required fingerprints of someone accused of a felony or a misdemeanor punishable by more than 92 days in jail. If authorities have not taken them, the magistrate must direct the person to submit to fingerprinting.
Providing information needed for booking is different from answering questions about the alleged offense. You do not need to use the booking process or a police interview as an opportunity to tell your side of the story. You can tell the police that you want to remain silent and ask to speak with your lawyer before discussing the allegations.
Your Michigan Arraignment and Bond Decision
Your Michigan arraignment is usually your first court appearance after an arrest and booking. At this hearing, the judge tells you what charge you face and addresses whether you can be released while your criminal case is pending.
The judge may impose conditions on your release. These conditions can affect where you can go, who you can contact, or other aspects of your daily life. Before you leave court, make sure you understand the requirements that apply to you. Violating a release condition can create additional problems while the original charge is pending.
A Michigan criminal defense lawyer can appear with you at arraignment and advocate for you when the court addresses your bond and release conditions. Contacting a lawyer before your hearing can help you to understand what to expect and to prepare for the issues the judge may consider.
What Should You Do After Being Arrested in Michigan?
What you say and do after your arrest can affect your criminal case. Statements to investigators can become evidence, while violations of release conditions can create additional problems with the court.
Some of the most important steps to take after an arrest include:
- Tell the police you want to remain silent. You can provide the information required for processing without answering questions about the alleged crime. You do not need to give the police your version of what happened during an interrogation.
- Ask to speak with a lawyer. A lawyer can advise you before you discuss the allegations with investigators or prosecutors and begin preparing your defense. Getting legal advice early can also help you understand what decisions you may need to make at your first court appearance.
- Follow every release condition and court order. Make sure you know when and where you need to appear next. If the judge places conditions on your release, follow them unless the court changes those conditions.
- Preserve information related to your arrest. Keep relevant messages, photographs, documents, videos, and other information rather than deleting or altering them. Your lawyer can review this information along with the police reports and other evidence as the case develops.
Before you answer questions about the charge or make decisions about your case, you can ask a Michigan criminal defense lawyer what those decisions could mean for you.
What Can Happen While Your Michigan Criminal Case Is Pending?
Your case does not stop between court dates. Prosecutors can continue investigating and preparing their case, while you remain responsible for following the judge’s orders and appearing in court when required.
This time can also give your defense attorney an opportunity to examine the allegations and evidence against you. We can review police reports, witness statements, videos, physical evidence, and other available information to determine what prosecutors may be able to prove and where questions about the case may exist.
You Need to Follow Your Release Conditions
Any conditions the judge places on your release remain in effect unless the court changes them. Even if you disagree with a restriction, follow the order rather than risk another problem with the court.
If a release condition is interfering with your work, family responsibilities, travel, or another part of your life, do not simply ignore it. We can explain your options and, when the law provides grounds, ask the court to modify the condition.
What Happens Between Your Court Dates?
There can be significant work happening on a criminal case between court appearances. Prosecutors can continue preparing their case, while your attorney can review the evidence and investigate the circumstances surrounding your arrest.
Your lawyer may also communicate with prosecutors, evaluate potential defenses, and help you understand your options if the prosecution makes a plea offer.
The goal is to understand the evidence before you make decisions about how to resolve your case. A plea offer, for example, should be evaluated based on the charge, the evidence, the potential penalties, and the consequences of accepting or rejecting the agreement.
How Can a Michigan Criminal Case End?
After your first court appearance, prosecutors continue pursuing the charge while the defense examines the evidence against you. The next steps depend in part on whether you are facing misdemeanor or felony charges.
If you are charged with a felony, the court schedules a probable cause conference. Michigan Court Rule 6.108 provides for the conference to address matters, including possible plea agreements and other pretrial issues. The parties may also address requests to modify bail or bond, and both sides can waive the conference.
A plea offer asks you to resolve the case without going to trial, but receiving a plea offer does not mean you should automatically accept it. Your lawyer can explain what the agreement requires, the potential consequences of accepting it, and what could happen if you reject the offer.
A criminal case may be resolved through a plea agreement before trial. In other cases, the parties continue preparing for trial, or the charges may be dismissed.
If the case goes to trial, prosecutors have the burden of proving the charge beyond a reasonable doubt. An arrest itself does not establish guilt, and prosecutors must present sufficient evidence to meet their burden at trial.
You can also read our guide to the Michigan criminal process for a closer look at what happens as a criminal case moves through the courts.
FAQs About Arrests in Michigan
Can charges be dropped after an arrest in Michigan?
Yes. An arrest does not guarantee that prosecutors will continue the case through trial or obtain a conviction. Prosecutors can dismiss a charge, and a court can dismiss a case when the law provides grounds for dismissal. The person who reported the alleged crime does not personally decide whether criminal charges continue. The prosecutor generally decides whether to pursue criminal charges on behalf of the state.
Do I need a lawyer after being arrested in Michigan?
You have the right to represent yourself, but you can also hire a lawyer as soon as you are arrested. Getting legal advice before police questioning gives you an opportunity to make informed decisions before your first court appearance. You do not need to wait until prosecutors make a plea offer or the court sets a trial date. A criminal defense attorney can begin reviewing your situation and advising you about the next steps earlier in the process.
What should I avoid doing after an arrest?
Avoid discussing the allegations with investigators or other people before speaking with a lawyer. Statements you make about the case could potentially become evidence. You should also comply with all court orders and release conditions while your case is pending. Avoid discussing the allegations publicly, including on social media, where your statements could potentially reach prosecutors or become part of the evidence in your case.
Can I go back to work after an arrest in Michigan?
Yes, you can usually return to work after an arrest if your release conditions allow it. However, a court order could restrict where you can go or who you can contact, which could affect your ability to work depending on your circumstances. If a release condition interferes with your job, a Michigan criminal defense lawyer can review the order and explain whether you may have grounds to ask the court to modify it.
What happens after booking in Michigan?
After booking, you could remain in custody until your arraignment or be released before your first court appearance. At arraignment, the judge addresses the charge and whether you can remain out of custody while the case is pending, as well as any conditions of release. After the arraignment, the court schedules the proceedings required to continue the case. What happens next depends on the charges, the evidence, and whether the case is resolved before trial or proceeds through additional court proceedings.
Get Help After an Arrest in Michigan
An arrest can leave you with immediate questions about your release, your next court date, and what you should or should not say to investigators. The decisions you make early in the case can affect how the prosecution proceeds.
Davis Law Group can help you understand what happens after an arrest in Michigan and begin preparing a defense based on the allegations and evidence in your case. We can review the circumstances surrounding your arrest, explain your options, and represent you as your case moves through the court system.
We represent people facing criminal charges throughout Southeast Michigan. If you were arrested, call Davis Law Group at (313) 818-3238 for a free consultation to discuss your case and what happens next.