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An arrest can turn your day upside down in a matter of minutes, leaving you unsure what comes next. It's the start of a criminal case that can affect your record, your job, and your future. Michigan courts follow a specific process, and each stage builds on the one before it. Knowing what to expect can help you protect your rights from the very beginning. This guide breaks down the steps you’re likely to face.
Once the handcuffs go on, you will be transported to a police station or a county jail. Upon arrival, individuals are searched, and their personal belongings are taken and secured. Everyone is then placed in a holding cell until it is their turn to go through booking. This is the formal process for processing the arrest and entering it into the criminal justice system. The station or jail staff will take fingerprints and mugshots. Depending on the circumstances, medical staff may conduct a health screening.
The charges that create the basis for the arrest are also entered. These are important to take note of. Sometimes, the charges are greater than what the evidence actually supports. An attorney can challenge the charges early in the process. When they aren’t challenged, they will continue to be used throughout the rest of the process.
The arraignment is the first formal court appearance. It typically takes place 24-48 hours after the arrest, excluding weekends and holidays. During the hearing, arrested individuals will appear in front of a judge. The judge will state the charges, advise the defendant of their constitutional rights, set bond, and schedule future court dates.
Michigan uses a bond system. The judge decides whether arrested individuals will be released, the conditions for release, and the amount. Release on personal recognizance requires no money. Others could be released with a cash payment or surety bond. Conditions on release could be drug testing, travel limits, or a no-contact order.
When deciding on release, a judge will consider criminal record, threat to public safety, prior court compliance, and community ties. Generally, the more violent and serious the crime, the higher the bond or the likelihood of release denial.
After the arraignment, a criminal case moves into the pretrial phase. This is when evidence gathering takes place, with both the prosecutor and defendant gathering evidence to support their case. It’s also the time when the defendant’s attorney can negotiate with the prosecutor for a plea bargain. An experienced criminal attorney is essential during this phase because they know what types of agreements are typically achieved. A lawyer can explain the defendant’s legal options and risks. For example, how the penalty being offered in the plea bargain compares to the potential penalty if found guilty at trial.
How a criminal case proceeds depends on the type of case. Misdemeanor cases will have a pretrial phase that heads towards a trial heard in district court. Felony cases can have more hearings during the pretrial phase. There’s usually a probable cause conference and preliminary examination. Having legal representation during these hearings is essential. A lawyer can highlight police errors, cross-examine prosecution witnesses, challenge presented evidence, and advocate for case dismissal.
If no plea agreement is reached, the case will move forward with going to trial. The prosecution will present its arguments that are supported by evidence. They must prove their case beyond a reasonable doubt. The defendant’s attorney will present their arguments and supporting evidence. Each side is allowed to bring in witnesses to testify. Then each party can cross-examine the other party’s witnesses.
At this stage, having an experienced defense attorney is critical. A trial is not just about telling your side of the story. It’s about knowing how to challenge the prosecution’s case at every turn. Your attorney can object to improper evidence, question the credibility of witnesses, and highlight gaps in the prosecution’s argument. They also shape how your case is presented to the jury, making sure your defense is clear, consistent, and grounded in the law. Without that level of preparation and strategy, it becomes much harder to raise reasonable doubt.
Bringing in a defense attorney early in a criminal case is about more than having someone stand next to you in court. It allows you to take a proactive approach from the beginning. Your attorney can push for fair bond terms, challenge the basis of the charges, and begin building your defense right away. They also manage communication with the prosecutor, working toward resolutions that may not be available later in the process. At the same time, they ensure that procedural requirements are met. Early decisions, including how to handle a preliminary exam, can influence how the case moves forward.
From the moment an arrest happens, a criminal case begins moving forward, whether you feel ready or not. Each phase of a criminal case brings decisions that can impact your record, your freedom, and your future. Having someone in your corner who understands how these cases move through the system can make all the difference. The attorneys at Freedman Law Group provide criminal defense representation focused on protecting your rights and positioning your case for the best possible outcome.
Take control of your situation by speaking with one of the attorneys at Freedman Law Group as soon as possible.
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