Criminal Defense Attorney Michigan: What To Do When Facing Charges (2026)

Facing criminal charges in Michigan is one of the most stressful situations you can encounter. This guide explains your rights under Michigan law, how the criminal process works step by step, how Michigan’s OWI and Clean Slate expungement rules affect you, and how to find a qualified Michigan criminal defense attorney — so you can act fast and protect your future.

Updated: September 2026 · 8 min read

Need a Michigan Criminal Defense Attorney Now?

Law.AI connects you with thousands of Michigan criminal defense attorneys. Search by city, charge type, and experience level — free.

Find Michigan Criminal Defense Lawyers Criminal Defense Overview

What To Do Immediately After a Michigan Arrest

The hours immediately following an arrest are critical. Michigan law gives you specific rights — but only if you invoke them. Here is exactly what to do:

Stay calm and do not resist. Resisting or obstructing a police officer in Michigan is a separate felony (MCL 750.81d), punishable by up to 2 years in prison, that can make your situation significantly worse.
Invoke your right to remain silent. Say clearly: “I am invoking my right to remain silent and I want a lawyer.” Do not answer questions beyond providing your name and identification.
Do not consent to searches. Say: “I do not consent to any searches.” This preserves your Fourth Amendment rights even if officers proceed anyway.
Remember everything you can. Write down officer names, badge numbers, what was said, and the circumstances as soon as possible — your attorney will need this.
Contact a criminal defense attorney before your arraignment. In Michigan, a warrantless arrestee must be arraigned without unnecessary delay (generally within 48 hours). Getting representation before the court sets bond helps you argue for release on personal recognizance or the lowest possible bail.

The Michigan Criminal Court Process: Step by Step

Understanding how Michigan courts process criminal cases helps you know what to expect and where your attorney can have the most impact. Misdemeanors are handled in district court; felonies begin in district court and, after a preliminary examination, are bound over to the circuit court in the county where the offense occurred.

Arrest & Charging

Police take you into custody. Prosecutors charge you by complaint and warrant. What you are charged with can differ from the arrest offense, so early review by an attorney matters.

Arraignment & Bond

You are formally advised of the charges and the court sets bond conditions. Your attorney can argue for a personal-recognizance bond or the lowest cash or surety amount, and challenge conditions that are unnecessarily restrictive.

Preliminary Examination (Felonies)

For felonies, the district court holds a preliminary examination where the prosecution must show probable cause. Your attorney can cross-examine witnesses, challenge the evidence, and many charges are reduced or dismissed before the case is bound over to circuit court.

Circuit Court Arraignment

After bindover, you are arraigned on the information in circuit court and enter a plea. Your attorney ensures you understand the exposure and any habitual-offender enhancement before any plea is entered.

Discovery & Pre-Trial Motions

The prosecution must disclose its evidence under MCR 6.201. Your attorney can file motions to suppress evidence from an unlawful search, stop, or statement, and can move to dismiss or quash defective charges.

Plea Negotiations & Diversion

Many first-time offenders qualify for diversion under statutes like HYTA (Holmes Youthful Trainee Act, MCL 762.11) for those under 26, 7411 for first drug offenses, or sobriety/drug/veterans treatment courts. Where diversion does not apply, your attorney negotiates for reduced charges, probation, or lighter sentencing — how most Michigan cases resolve.

Trial & Sentencing

If no resolution is reached, your case goes to a bench or jury trial (a unanimous verdict is required to convict). If convicted, the judge sentences using Michigan’s sentencing guidelines, and your attorney presents mitigating factors to argue for the lowest sentence, probation, or a downward departure where justified.

Michigan Criminal Charge Levels & Sentencing

Michigan grades offenses under the Michigan Penal Code (MCL Ch. 750) and sentences felonies using the statutory sentencing guidelines. Lower-level offenses are misdemeanors (up to 93 days or up to 1 year); serious offenses are felonies grouped into classes A through H by maximum penalty.

Level	Examples	Punishment Range
93-Day Misdemeanor	Disorderly conduct, retail fraud 3rd, OWI 1st	Up to 93 days jail + fines
1-Year Misdemeanor	Domestic violence 2nd, some assaults	Up to 1 year jail + fines
High-Court Misdemeanor	OWI causing serious injury (some), certain 2-year offenses	Up to 2 years (handled in circuit court)
Class H Felony	Larceny $1K–$20K, 3rd-offense OWI (some)	Jail or up to 2 years prison / intermediate sanctions
Class F/G Felony	Fleeing & eluding, some drug delivery	Up to 4 years prison
Class E Felony	Larceny $20K+, weapons offenses	Up to 5 years prison
Class D Felony	Home invasion 2nd, some CSC offenses	Up to 10 years prison
Class C Felony	Assault with intent to do great bodily harm	Up to 15 years prison
Class B Felony	Home invasion 1st, armed robbery (some)	Up to 20 years prison
Class A / Life Felony	Murder, CSC 1st, armed robbery	Up to life imprisonment

Source: Michigan Penal Code (MCL Ch. 750), Code of Criminal Procedure (MCL Ch. 777 sentencing guidelines), and Vehicle Code (MCL 257.625). Actual sentences depend on offense class, prior record variables, and habitual-offender status; consult an attorney for your specific charges.

Michigan OWI Charges: What You Need To Know

Michigan calls drunk and drugged driving Operating While Intoxicated (OWI) under MCL 257.625. A first-offense OWI is a misdemeanor with up to 93 days in jail, fines, community service, and license sanctions. Michigan also has a “Super Drunk” High BAC law: a blood-alcohol level of 0.17 or higher raises the maximum jail exposure to 180 days, adds larger fines, and requires an ignition interlock device on your license.

A third OWI is a felony punishable by up to 5 years in prison, and OWI causing death or serious injury carries far harsher penalties. Michigan imposes administrative license sanctions through the Secretary of State that run separately from the criminal case. Because the breath or blood test, the traffic stop, and the field sobriety tests can all be challenged, an experienced OWI defense attorney can often reduce or dismiss the charge — and a 2022 law now allows a first OWI to be set aside (expunged) under certain conditions.

Michigan’s Clean Slate Law: Clearing Your Record

Michigan enacted one of the nation’s most expansive expungement reforms. Under the Clean Slate legislation (effective April 2021, MCL 780.621), you can petition to set aside up to 3 felonies and an unlimited number of misdemeanors, subject to waiting periods that generally run 3 years (misdemeanors), 5 years (a serious misdemeanor or one felony), or 7 years (multiple felonies) after you complete your sentence.

In April 2023, Michigan also launched automatic expungement, which clears many eligible misdemeanors and lower-level felonies without any petition once the waiting period passes. Certain serious, assaultive, and sexual offenses remain ineligible. Because eligibility rules are technical, a Michigan criminal defense attorney can confirm whether your record qualifies now, when it will, and whether a petition or the automatic process is faster for you.

How To Choose a Michigan Criminal Defense Attorney

Not all defense attorneys are equal. When evaluating Michigan criminal defense lawyers, look for:

Michigan bar admission and criminal defense focus. Verify license status through the State Bar of Michigan attorney directory.
Local court experience. An attorney who regularly appears in your county’s district and circuit courts — whether Wayne, Oakland, Macomb, Kent, Washtenaw, or elsewhere — knows the judges, prosecutors, and procedures.
Trial experience. Ask specifically: “How many jury trials have you handled in the last two years?” You want someone willing and able to fight at trial if needed.
Experience with your specific charge. OWI, drug offenses, domestic violence, weapons, CSC, theft, and white-collar crimes each have distinct technical defenses.
Knowledge of diversion and Clean Slate expungement. The right program — HYTA, 7411, sobriety court — or a well-timed expungement petition can protect your record; ask whether you qualify.
Transparent fees. Get the full fee agreement in writing before signing anything.

⚠️ Red Flags to Avoid

Attorneys who guarantee a specific outcome before reviewing your case
Pressure to pay a large retainer before a full consultation
No written fee agreement
Attorneys who will not discuss trial experience or case results

Michigan Cities: Find a Criminal Defense Attorney Near You

Law.AI has criminal defense attorneys in every major Michigan city. Find one near you:

Detroit Criminal Defense Grand Rapids Criminal Defense Warren Criminal Defense Sterling Heights Criminal Defense Ann Arbor Criminal Defense Lansing Criminal Defense

Michigan Criminal Defense FAQ

How long does a criminal case take in Michigan?

Michigan misdemeanor cases often resolve in 2–6 months in district court, while felonies routinely take 6–18 months and can run longer at trial in circuit court. Michigan recognizes both a constitutional and a statutory (MCL 768.1) right to a speedy trial, and for defendants held in jail the 180-day rule (MCL 780.131) generally requires the prosecution to bring the case to trial within 180 days. An experienced attorney can use these deadlines, along with delays in discovery, to pressure the prosecution.

What is the difference between a misdemeanor and a felony in Michigan?

In Michigan, misdemeanors are generally punishable by up to 93 days or up to 1 year in jail (some "high-court misdemeanors" carry up to 2 years and are handled like felonies in circuit court). Felonies are punishable by more than one year in state prison, and Michigan groups most felonies into sentencing classes A through H, with Class A the most serious (up to life) and Class H the least. Because sentencing exposure rises sharply and prior convictions trigger habitual-offender enhancements (MCL 769.10–12), early legal representation is critical.

What are the penalties for OWI (drunk driving) in Michigan?

Michigan calls drunk driving "Operating While Intoxicated" (OWI) under MCL 257.625. A first-offense OWI is a misdemeanor punishable by up to 93 days in jail, fines of $100–$500, up to 360 hours community service, and license suspension. "Super Drunk" (High BAC of 0.17 or higher) raises the jail exposure to up to 180 days and requires an ignition interlock. A third OWI is a felony punishable by up to 5 years in prison. Michigan also imposes administrative license sanctions through the Secretary of State separate from the criminal case, so fighting the charge matters.

Can a criminal record be expunged in Michigan under the Clean Slate law?

Yes. Michigan’s Clean Slate legislation (effective April 2021) significantly expanded expungement (setting aside convictions) under MCL 780.621. You can now petition to set aside up to 3 felonies and unlimited misdemeanors, with waiting periods generally of 3 years (misdemeanors), 5 years (serious misdemeanors or one felony), or 7 years (multiple felonies). Michigan also launched automatic expungement in April 2023, which clears many eligible misdemeanors and lower-level felonies without a petition after a set period. Certain offenses — such as most assaultive crimes, serious felonies, and OWI (until a 2022 law began allowing a first OWI to be set aside) — have special rules. An attorney can determine whether your record qualifies.

Should I talk to police before hiring an attorney in Michigan?

No. You have the right to remain silent and the right to counsel under the Fifth and Sixth Amendments and Article 1 of the Michigan Constitution. Clearly state “I am invoking my right to remain silent and I want a lawyer.” Questioning must stop once you unambiguously request an attorney. Anything you say beforehand can be used against you, so contact a criminal defense attorney before speaking with law enforcement.

How much does a criminal defense attorney cost in Michigan?

Michigan criminal defense fees vary by charge severity and county. Misdemeanor defense typically costs $1,500–$5,000. Felony defense ranges from $5,000–$25,000+, with complex cases and trials reaching $50,000–$150,000+. Many attorneys offer free initial consultations. If you cannot afford an attorney, the court must appoint counsel at no cost under the Sixth Amendment and Gideon v. Wainwright — in Michigan, indigent defense is provided through court-appointed counsel and the Michigan Indigent Defense Commission (MIDC).

What is the "76th hour" arraignment rule in Michigan?

Michigan law and court rules (MCR 6.104) require that a person arrested without a warrant be brought before a magistrate for arraignment "without unnecessary delay," and Michigan courts generally treat 48 hours as the outer limit for a probable-cause determination. At arraignment the court sets bail conditions. Having a defense attorney at or before the arraignment helps you argue for a personal-recognizance bond or the lowest possible cash or surety bail, which can keep you out of jail while your case proceeds.