What Are the Basics of the Criminal Process in Michigan?

Facing criminal charges can be overwhelming, especially if you’re unfamiliar with the legal process. At the Van Den Heuvel Law Office, we understand how crucial it is to know your rights and what to expect at each stage. By gaining a clear understanding of the criminal process in Michigan, you can better prepare yourself and make informed decisions. Whether you’re navigating a misdemeanor or felony case, here’s an overview of what you need to know. 

Investigation

Every criminal case begins with an alleged crime. Law enforcement agencies, such as local police or state police, investigate crimes by interviewing witnesses, examining evidence and reviewing the scene. The investigation is aimed at gathering sufficient information to identify and charge a suspect. If you become involved in an investigation—either as a person of interest or a suspect—it is crucial to know your rights, including your right to remain silent and consult an attorney. 

Arrest

An arrest can occur if law enforcement officers have probable cause to believe a crime was committed. Sometimes, an arrest is made on the spot, particularly for serious offenses. Other times, police request a warrant before proceeding. Once arrested, you may be held in custody or released on bond while the case moves forward. 

Arraignment

The arraignment marks your first court appearance. At this stage, the charges against you will be formally presented, and you’ll have the opportunity to enter a plea—guilty, not guilty or no contest. The judge may address your bail and set conditions for your release. If you cannot afford an attorney, you may request a court-appointed lawyer. 

Trial Preparation and Proceedings

For misdemeanor cases, pretrial conferences often focus on resolving the charges through plea agreements or preparing for trial. For felonies, additional steps are required, including a probable cause hearing to determine whether the case should proceed to the circuit court. 

If the case advances to trial, evidence is presented, and witnesses are called. The prosecution bears the burden of proving your guilt beyond a reasonable doubt. You have the right to challenge evidence, cross-examine witnesses and present your own defense. Trials can be held before a jury or a judge (bench trial) depending on the circumstances. 

Sentencing

If found guilty, sentencing will follow. Michigan law provides various sentencing options, including fines, probation, community service or imprisonment, depending on the severity of the crime and your criminal history. The judge considers all relevant factors, including a pre-sentence investigation report that outlines details about the case and your background. 

Appeals

If you believe an error occurred in your trial or sentencing, you may appeal the decision. Michigan allows appeals of right for certain cases, while others require court permission. The appeals process involves presenting written arguments to challenge the legal basis of the original decision. This step often requires experienced legal representation to ensure your case is properly reviewed. 

Take the Next Step

The criminal process in Michigan is complex, but you don’t have to face it alone. At the Van Den Heuvel Law Office, we our skilled legal team fights for your rights and freedom. If you’re dealing with criminal charges, don’t leave your future to chance. Contact us today to schedule a consultation.