The criminal process can be complex and confusing. But it's important to
know your legal rights. The best way to be informed is to contact a Michigan
criminal attorney in your area as soon as possible. A criminal defense
attorney will understand the law as it relates to the crime you've been
charged with, and will be able to help you in making informed decisions as
your case moves through the process.
Stop
You may be stopped for questioning by the police. A stop is not the same as
an arrest because, although you may be detained, you aren't moved to a
different location. During a stop the police officer may ask you questions, but
you have the right to refuse to answer.
Search Warrants
A search warrant authorizes police to conduct a search of a specific, place
such as your residence. In order for a warrant to be issued by a judge,
"probable cause" is necessary.
Probable cause to search means that:
The general rule is that warrants are required for searches. But search
warrants are not required for the following:
Searches incident to arrest: Police officers are permitted to search your
body and/or clothing for weapons or other contraband when making a valid
arrest.
Automobile searches: If you're arrested in a vehicle, the police may search
the inside of the vehicle. To perform a complete search of the vehicle (such
as in locked glove compartments, for example), probable cause is necessary.
Exigent circumstances: Searches may be conducted if there are "exigent
circumstances" which demand immediate action, such as to avoid the
destruction of evidence.
Plain view: Police do not need a search warrant when they see an object that
is in plain view of an officer who has the right to be in the position to have that
view.
Consent: If you consent to a search of your body, your vehicle, or your home,
police are not required to have a warrant. You aren't required to consent to
any police searches.
Arrest
In order to be arrested, there must be what's called "probable cause." This
means that there must be a reasonable belief that a crime was committed
and you committed the crime. An arrest warrant is not necessary.
After you're placed under arrest, you are protected by constitutional rights.
Two important rights to be aware of are right to remain silent and the right to
have an attorney. After your arrest, you aren't required to say anything else to
police or investigators, until you have an attorney present. You must be given
the opportunity to contact an attorney.
Miranda Rule
Under the Miranda Rule, if you are in police custody you must be informed of
specific constitutional rights before interrogation begins. Those rights are as
follows:
The right to remain silent
The right to have an attorney present during questioning
The right to have an attorney appointed if you are unable to afford one
Important to note is that Miranda rights do not have to be read until you are
taken into custody. That means that you can be questioned by the police
before being taken into custody, and anything you say at that point can be
used against you later in court.
Booking
After you're arrested, the police will bring you to the police station for the
booking process . You'll be fingerprinted and asked a series of questions,
such as your name and date of birth. You'll also be searched and
photographed. Your personal property such as jewelry will be catalogued and
stored.
Appointment of an Attorney
In Michigan, if you cannot afford to hire an attorney, an attorney will be
appointed to defend you. Usually a public defender will be appointed as your
attorney.
Once a public defender has been appointed to defend you, you may ask the
court to appoint a substitute attorney only for good cause. Good cause
requires more than mere dissatisfaction with your appointed attorney and
may include:
A conflict of interest between you and the attorney
Your attorney becomes ill and cannot continue to represent you
There is reason to believe that your attorney is not providing effective
assistance.
Arraignment
Once criminal charges are filed, you'll make a court appearance which is
known as an "arraignment." If you are incarcerated, this will usually occur
within 72 hours of your arrest.
During your arraignment, you'll be asked to enter a "plea" to the crime you've
been charged with. Michigan pleas and corresponding definitions follow:
Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and
the fact that you were the one who committed that crime.
Not guilty plea: A "not guilty" plea asserts that you did not commit the crime
with which you were accused. After your plea, a pre-trial or trial date will be
set.
No contest plea: A "no contest" plea indicates that, while you are not
admitting guilt, you do not dispute the charge. This is preferable to a guilty
plea because guilty pleas can be used against you in later civil lawsuits.
"Mute" plea: In Michigan, you may "stand mute" instead of making a plea.
The court will then enter a plea of not guilty. By standing mute, you avoid
silently admitting to the correctness of the proceedings against you until that
point. You are then free to attack all previous proceedings that may have
been irregular.
If you plead "guilty" or "no contest," there will not be a trial. You'll then be
sentenced.
During the arraignment, the court will also:
Set bail
Refuse to set bail; or
Release you on your own personal recognizance, which means that the court
takes your word that you will appear when necessary for later court
obligations
Bail/Bond
"Bail" is money or property put forth as security to ensure that you'll show up
for further criminal proceedings.
In Michigan, bail can be paid:
In cash
A pledge of property (if permitted in that court)
A bail bond
A professional bail bondsman is an individual whose business is to pledge
his or her own property or security to guarantee the bail bond to the court.
Speedy Trial
You have a right to a speedy trial under the Sixth Amendment of the United
States Constitution, which requires that the trial be held within a certain time
frame after a person has been charged with a crime.
This right can be waived by asking for additional time for the preparation of
your defense.
Speedy Trial rights in Michigan
With limited exceptions, a defendant should be brought to trial in Michigan
within 180 days.
A felony is a crime usually punishable by imprisonment for more than one
year. A misdemeanor, on the other hand, is usually punishable by a fine or a
year or less of incarceration.
Trial
Many prosecutors will consider "plea agreements," although it's not legally
required. If you don't reach a plea agreement with the prosecutor, your
proceedings will move toward the trial stage.
Usually, if you are charged with a crime punishable by six or more months of
imprisonment, you have the right to a jury trial. This right may be waived by:
Pleading guilty; or
Choosing a bench trial (a trial in front of a judge only)
In Michigan, except in minor cases, you must have the prosecutor's consent
and the court's approval in order to waive a jury trial in favor of a bench trial.
If you request a bench trial, the judge will perform the fact-finding function
that is usually performed by the jury.
Appeals
If you're found guilty after a trial, you're entitled to an appeals process. This
process varies depending upon the crime, but there are always time
deadlines by which you must file an appeal.
In Michigan, you generally have 42 days from the judgment to file an appeal.
There are numerous reasons for an appeal from a guilty verdict in a criminal
case, including what's called "legal error." Legal error may include:
Allowing inadmissible evidence during the criminal process, including
evidence that was obtained in violation of your constitutional rights
Lack of sufficient evidence to support a verdict of guilty
Mistakes in the judge's instructions to the jury regarding your case
You may also appeal due to misconduct on behalf of the jurors, or if there is
newly discovered evidence to exonerate you.
In Michigan, appeals from the District Court are heard in the Circuit Court.
Appeals from a Circuit Court or Probate Court order are heard in the
Michigan Court of Appeals. Appeals from Court of Appeals decisions are
heard in the Michigan Supreme Court.
There are three kinds of appeals:
Interlocutory appeal: occurs when a party appeals a judge's decision before
the case has come to trial or before a trial is finished.
Appeal of right: occurs after a final order has been entered by the trial court.
A recent amendment to the Michigan Constitution has eliminated most
appeals of right when a defendant pleads guilty. Most appeals of right now
focus on the sentence imposed.
Appeal by leave of the court: occurs when an appeal of right is not available
(e.g., because it was not filed on time). The appellate court can reject the
appeal or can "grant leave" at its discretion
Expungement
In Michigan, under some circumstances, you may be able to have a criminal
conviction expunged (set aside), which means that the record cannot
generally be accessed or used. However, a set-aside record can be
accessed if you apply for a law enforcement job or in a future criminal case
against you.
You may be eligible to have your conviction set aside if:
You are a first-time offender, and
You have not been convicted of a sexual offense, a serious felony, or a traffic
offense, and
At least five years have passed since you completed any prison term
Juveniles age 17 or older with records of diverted sentences also may have
their adjudications set aside.
If you are eligible to have your conviction set aside, you may file an
application with the court. It is up to the court to decide whether to grant your
application in light of your behavior since your conviction.
know your legal rights. The best way to be informed is to contact a Michigan
criminal attorney in your area as soon as possible. A criminal defense
attorney will understand the law as it relates to the crime you've been
charged with, and will be able to help you in making informed decisions as
your case moves through the process.
Stop
You may be stopped for questioning by the police. A stop is not the same as
an arrest because, although you may be detained, you aren't moved to a
different location. During a stop the police officer may ask you questions, but
you have the right to refuse to answer.
Search Warrants
A search warrant authorizes police to conduct a search of a specific, place
such as your residence. In order for a warrant to be issued by a judge,
"probable cause" is necessary.
Probable cause to search means that:
The general rule is that warrants are required for searches. But search
warrants are not required for the following:
Searches incident to arrest: Police officers are permitted to search your
body and/or clothing for weapons or other contraband when making a valid
arrest.
Automobile searches: If you're arrested in a vehicle, the police may search
the inside of the vehicle. To perform a complete search of the vehicle (such
as in locked glove compartments, for example), probable cause is necessary.
Exigent circumstances: Searches may be conducted if there are "exigent
circumstances" which demand immediate action, such as to avoid the
destruction of evidence.
Plain view: Police do not need a search warrant when they see an object that
is in plain view of an officer who has the right to be in the position to have that
view.
Consent: If you consent to a search of your body, your vehicle, or your home,
police are not required to have a warrant. You aren't required to consent to
any police searches.
Arrest
In order to be arrested, there must be what's called "probable cause." This
means that there must be a reasonable belief that a crime was committed
and you committed the crime. An arrest warrant is not necessary.
After you're placed under arrest, you are protected by constitutional rights.
Two important rights to be aware of are right to remain silent and the right to
have an attorney. After your arrest, you aren't required to say anything else to
police or investigators, until you have an attorney present. You must be given
the opportunity to contact an attorney.
Miranda Rule
Under the Miranda Rule, if you are in police custody you must be informed of
specific constitutional rights before interrogation begins. Those rights are as
follows:
The right to remain silent
The right to have an attorney present during questioning
The right to have an attorney appointed if you are unable to afford one
Important to note is that Miranda rights do not have to be read until you are
taken into custody. That means that you can be questioned by the police
before being taken into custody, and anything you say at that point can be
used against you later in court.
Booking
After you're arrested, the police will bring you to the police station for the
booking process . You'll be fingerprinted and asked a series of questions,
such as your name and date of birth. You'll also be searched and
photographed. Your personal property such as jewelry will be catalogued and
stored.
Appointment of an Attorney
In Michigan, if you cannot afford to hire an attorney, an attorney will be
appointed to defend you. Usually a public defender will be appointed as your
attorney.
Once a public defender has been appointed to defend you, you may ask the
court to appoint a substitute attorney only for good cause. Good cause
requires more than mere dissatisfaction with your appointed attorney and
may include:
A conflict of interest between you and the attorney
Your attorney becomes ill and cannot continue to represent you
There is reason to believe that your attorney is not providing effective
assistance.
Arraignment
Once criminal charges are filed, you'll make a court appearance which is
known as an "arraignment." If you are incarcerated, this will usually occur
within 72 hours of your arrest.
During your arraignment, you'll be asked to enter a "plea" to the crime you've
been charged with. Michigan pleas and corresponding definitions follow:
Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and
the fact that you were the one who committed that crime.
Not guilty plea: A "not guilty" plea asserts that you did not commit the crime
with which you were accused. After your plea, a pre-trial or trial date will be
set.
No contest plea: A "no contest" plea indicates that, while you are not
admitting guilt, you do not dispute the charge. This is preferable to a guilty
plea because guilty pleas can be used against you in later civil lawsuits.
"Mute" plea: In Michigan, you may "stand mute" instead of making a plea.
The court will then enter a plea of not guilty. By standing mute, you avoid
silently admitting to the correctness of the proceedings against you until that
point. You are then free to attack all previous proceedings that may have
been irregular.
If you plead "guilty" or "no contest," there will not be a trial. You'll then be
sentenced.
During the arraignment, the court will also:
Set bail
Refuse to set bail; or
Release you on your own personal recognizance, which means that the court
takes your word that you will appear when necessary for later court
obligations
Bail/Bond
"Bail" is money or property put forth as security to ensure that you'll show up
for further criminal proceedings.
In Michigan, bail can be paid:
In cash
A pledge of property (if permitted in that court)
A bail bond
A professional bail bondsman is an individual whose business is to pledge
his or her own property or security to guarantee the bail bond to the court.
Speedy Trial
You have a right to a speedy trial under the Sixth Amendment of the United
States Constitution, which requires that the trial be held within a certain time
frame after a person has been charged with a crime.
This right can be waived by asking for additional time for the preparation of
your defense.
Speedy Trial rights in Michigan
With limited exceptions, a defendant should be brought to trial in Michigan
within 180 days.
A felony is a crime usually punishable by imprisonment for more than one
year. A misdemeanor, on the other hand, is usually punishable by a fine or a
year or less of incarceration.
Trial
Many prosecutors will consider "plea agreements," although it's not legally
required. If you don't reach a plea agreement with the prosecutor, your
proceedings will move toward the trial stage.
Usually, if you are charged with a crime punishable by six or more months of
imprisonment, you have the right to a jury trial. This right may be waived by:
Pleading guilty; or
Choosing a bench trial (a trial in front of a judge only)
In Michigan, except in minor cases, you must have the prosecutor's consent
and the court's approval in order to waive a jury trial in favor of a bench trial.
If you request a bench trial, the judge will perform the fact-finding function
that is usually performed by the jury.
Appeals
If you're found guilty after a trial, you're entitled to an appeals process. This
process varies depending upon the crime, but there are always time
deadlines by which you must file an appeal.
In Michigan, you generally have 42 days from the judgment to file an appeal.
There are numerous reasons for an appeal from a guilty verdict in a criminal
case, including what's called "legal error." Legal error may include:
Allowing inadmissible evidence during the criminal process, including
evidence that was obtained in violation of your constitutional rights
Lack of sufficient evidence to support a verdict of guilty
Mistakes in the judge's instructions to the jury regarding your case
You may also appeal due to misconduct on behalf of the jurors, or if there is
newly discovered evidence to exonerate you.
In Michigan, appeals from the District Court are heard in the Circuit Court.
Appeals from a Circuit Court or Probate Court order are heard in the
Michigan Court of Appeals. Appeals from Court of Appeals decisions are
heard in the Michigan Supreme Court.
There are three kinds of appeals:
Interlocutory appeal: occurs when a party appeals a judge's decision before
the case has come to trial or before a trial is finished.
Appeal of right: occurs after a final order has been entered by the trial court.
A recent amendment to the Michigan Constitution has eliminated most
appeals of right when a defendant pleads guilty. Most appeals of right now
focus on the sentence imposed.
Appeal by leave of the court: occurs when an appeal of right is not available
(e.g., because it was not filed on time). The appellate court can reject the
appeal or can "grant leave" at its discretion
Expungement
In Michigan, under some circumstances, you may be able to have a criminal
conviction expunged (set aside), which means that the record cannot
generally be accessed or used. However, a set-aside record can be
accessed if you apply for a law enforcement job or in a future criminal case
against you.
You may be eligible to have your conviction set aside if:
You are a first-time offender, and
You have not been convicted of a sexual offense, a serious felony, or a traffic
offense, and
At least five years have passed since you completed any prison term
Juveniles age 17 or older with records of diverted sentences also may have
their adjudications set aside.
If you are eligible to have your conviction set aside, you may file an
application with the court. It is up to the court to decide whether to grant your
application in light of your behavior since your conviction.
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