Michigan Criminal Law
Criminal laws in Michigan can be complex and confusing. It is important that you understand your rights. Maynard Law Associates, PLLC provides clients with aggressive and thorough legal representation throughout the state of Michigan.
It begins with arrest in Michigan
To justify an arrest, the police must have probable cause, which is a reasonable belief that you committed a crime. Though warrants are not required to arrest individuals, generally warrants are required for searches, with the following exceptions:
- Upon a valid arrest, you may be patted down for weapons or other contraband.
- If urgent circumstances exist, requiring immediate action—such as concern for a victim’s life—a search may be conducted of a home or vehicle.
- An object that is in plain view (like an open alcohol bottle) does not require a warrant.
- Searches of your person, property, and/or your residence that you approve require no warrant. However, you are not required to consent to searches.
Upon arrest and before any interrogation begins, you must be advised of your rights, which include the right to remain silent and to have legal counsel.
The process
Following is the process a criminal matter takes:
- Booking - After arrest you proceed through the booking process including:
- Providing your name, address, phone number, etc.
- Fingerprinting
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Cataloguing of your personal property
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Providing your name, address, phone number, etc.
- Obtain a Michigan criminal attorney - At this point you either retain an attorney or one is appointed for you.
- Arraignment - Once charges are filed, an arraignment takes place in which you enter a plea which may be either:
- Guilty—admission of guilt and the facts of the crime
- Not guilty—assertion that you did not commit the crime
- No contest plea—neither admitting guilt nor disputing the charges
- Mute plea—avoiding the admission of the correctness of the charges
- At arraignment the court also determines whether or not to set bail or release you on your own recognizance.
- Trial - Your Michigan criminal law attorney may be able to negotiate a plea agreement in order to avoid trial. However, if an agreement is not reached, the case proceeds to trial.
- Verdict - If found guilty, you are entitled to seek appeal.
- Appeal - In Michigan, generally you have 42 days from the judgment to file an appeal.
Find out how our Michigan criminal defense lawyers can help you
Contact Maynard Law Associates, PLLC online or call 866-667-3619 today.