Arrested in Michigan - When you need to do next in speaking with a criminal defense lawyer

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Arrested in Michigan? 
NOW WHAT!

If you're reading this, you've either been arrested in Michigan, or someone you love may have been arrested, and is sitting in custody.  You're currently feeling a sense of uncertainty, and looking for answers. Once arrested, the police must inform you of your rights, including the right to remain silent and the right to have an attorney.  It is important to be respectful of the police officer and the process; this is not the time to fight your case; cooperating with the police and behaving is in your best interest.

During the process, the police will confiscate your personal property, which is done for your protection, the protection of police officers and for the safekeeping of your valuable goods.  This property will be identified, sorted and listed on an evidence sheet; you will have an opportunity to review the listed items for accuracy.  You will receive this property back, but anything illegal or incriminating on your person at time of arrest can and will probably be used against you.  It's not uncommon for an arrestee to have a fake ID in their wallet or a small quantity or marijuana on their person; possession of such items, and other illegal items could lead to additional charges. 

If the police officer wishes to speak with you, you do not need to answer any questions; your silence cannot be used against you.  Never feel pressured into giving up your right to remain silent.  If you wish to have an attorney present, and you cannot afford an attorney, one will be appointed at your request.  Do not think because you do not have the resources to hire an attorney that you must be at a disadvantage.  This is one of the most crucial periods in defending your case; your decisions immediately after arrest will and can affect your case going forward.  I see cases everyday that would be a lot more defensible, and the client would have more options if they would have remained silent.  

After you have been processed, the police officer may release you on bond, or you may have to appear before a magistrate or judge.  If released on bond by the police officer, you will receive information about your first court appearance; the time and date will be provided.  If brought before a court, this will be your first court appearance; your first court appearance under either circumstance is called an arraignment.  You will be told what your charge is and the maximum sentence you could receive with this charge.

You may or may not have your attorney at this point; you will be advised that you do not need to say anything.  If you have not already been released on bond by the police officer, the judge will set your bond.  The court will inform you of your next court date; if charged with a felony, you will have a pre-examination conference, which will be set within 14 days, if you are charged with a misdemeanor, you will be scheduled for a pre-trial.

A charged party is not entitled to representation of an attorney at their arraignment.  This is a crucial stage of your case, which could affect your ability to remain free during the length of your case.  If you wish to be represented at your arraignment, you must hire an attorney; the public defender will not be present.  

If you are released on bond, it may take a few hours to process you out of the jail.  If a friend or family member wishes to pick you up from jail, it may take a few hours to complete paperwork, and be processed out of the jail.  If you do not have somebody to pick you up, you will be able to make a phone call to arrange transportation.  

It is very important that you appear in court for your scheduled appearances.  If you fail to appear, any bond posted may be forfeited and a bench warrant will be issued for your arrest. This means that if and when you are tracked down by the police, you will be re-arrested and appear before the judge to explain why you did not appear for your scheduled court appearance.