Michigan Criminal Defense Survival Guide

Michigan Criminal Defense Lawyer

What to Do After an Arrest, Criminal Charge, or Investigation in Michigan

Quick Answer: If you have been arrested, charged with a crime, served with a warrant, or contacted by police about a criminal investigation in Michigan, what you do next can significantly affect your case.

In general:

• Remain calm.

• Do not argue with police.

• Exercise your right to remain silent rather than trying to explain your way out of the situation.

• Read and follow all bond and court orders.

• Preserve text messages, photographs, videos, receipts, documents, and other potential evidence.

• Do not discuss the allegations on social media.

• Write down what happened while the details are fresh.

• Learn the deadlines and court procedures that apply to your case.

• Speak with an experienced Michigan criminal defense attorney before making decisions that could affect your defense.

An arrest is not a conviction. The prosecution still has the burden of proving the criminal charge beyond a reasonable doubt.

Fraiberg & Pernie represents people facing misdemeanor and felony charges throughout Michigan, with a particular focus on Oakland County, Wayne County, Macomb County and Southeast Michigan.

What Happens After You Are Arrested in Michigan?

The exact procedure depends on the charge, the police agency involved, whether you remain in custody, and the court handling the case.

A typical Michigan criminal case may involve:

1. Investigation

2. Arrest, warrant, or criminal summons

3. Booking

4. Arraignment

5. Bond and bond conditions

6. Discovery and evidence review

7. Pretrial proceedings

8. Motions when appropriate

9. Negotiations

10. Preliminary examination in felony cases

11. Trial preparation

12. Plea, dismissal, trial, sentencing, or another resolution

Not every case goes through every stage.

Understanding where you are in the process is one of the first steps toward making informed decisions about your defense.

Should You Talk to the Police?

Quick Answer

You generally have a constitutional right to remain silent when police are questioning you about suspected criminal conduct, and you have the right to consult an attorney.

One of the most common mistakes people make is believing that if they can just explain what happened, the problem will disappear.

Statements can become evidence.

Police officers may already have witness statements, video, photographs, physical evidence, electronic records, or other information before they ask you questions.

You may not know what evidence they possess or why a particular question is being asked.

If you are the subject of a criminal investigation, consider speaking with a criminal defense attorney before agreeing to an interview or making statements about the allegations.

What Should You Do During the First 24 Hours?

The period immediately following an arrest can be important because evidence can disappear, memories can fade, and court obligations may begin immediately.

1. Write Down What Happened

As soon as reasonably possible, write down what you remember.

Depending on the case, that may include:

• Times and locations

• What police officers said

• What you said

• Witnesses who were present

• Searches performed

• Tests administered

• Photographs or video taken

• Medical issues

• Road and weather conditions

• Businesses or homes that may have surveillance cameras

• Other details that may later become important

Do not post this account online.

Preserve it for discussion with your attorney.

2. Preserve Potential Evidence

Evidence does not always remain available indefinitely.

Depending on the allegations, potentially relevant evidence may include:

• Text messages

• Emails

• Photographs

• Cell-phone video

• Surveillance footage

• Receipts

• GPS information

• Phone records

• Social-media records

• Medical records

• Financial records

• Witness information

Some surveillance systems automatically overwrite recordings. Digital information can be deleted, and witnesses’ memories can change over time.

Identifying potential evidence early can be important.

3. Read Your Court and Bond Paperwork

Do not put court documents aside without reading them.

Determine:

• Your next court date

• Which court is handling your case

• Whether alcohol or drug testing is required

• Whether you have a no-contact order

• Whether travel is restricted

• Whether firearm restrictions apply

• Whether you have reporting requirements

• Whether there are deadlines requiring immediate attention

Bond conditions are court orders.

If you do not understand a condition, obtain clarification rather than guessing.

What Happens at a Michigan Arraignment?

An arraignment is generally the first formal court appearance in a criminal case.

At arraignment, the court may:

• Advise you of the charge

• Explain certain constitutional rights

• Address bond

• Establish conditions of release

• Address no-contact provisions when applicable

• Impose alcohol or drug testing when appropriate

• Schedule the next court proceeding

An arraignment is not a trial.

The prosecution ordinarily does not have to prove the entire criminal case at the arraignment.

But decisions made at this early stage—particularly regarding bond and conditions of release—can affect your life while the case is pending.

What Are Bond Conditions?

Bond determines whether a defendant can remain out of custody while a criminal case is pending and what conditions must be followed.

Depending on the charge and circumstances, Michigan courts may impose conditions involving:

• Court appearances

• Alcohol or drug testing

• No-contact orders

• Travel

• Firearms

• Counseling or treatment

• GPS or other monitoring

• Reporting requirements

• Restrictions on certain locations or activities

Never assume a bond condition does not matter.

A violation can create additional problems separate from the allegations that originally brought you to court.

What Happens After Arraignment?

After arraignment, the defense begins evaluating the prosecution’s case and the available evidence.

Depending on whether the case involves a misdemeanor or felony, subsequent proceedings may include:

• Discovery

• Pretrial conferences

• Probable cause conferences

• Preliminary examinations

• Evidentiary hearings

• Motion hearings

• Plea negotiations

• Trial preparation

• Bench or jury trial

Some cases resolve relatively quickly.

Others require months of investigation, evidence review, litigation, negotiation, or trial preparation.

There is no single timeline that applies to every Michigan criminal case.

What Is Discovery in a Michigan Criminal Case?

Discovery is the process through which evidence relevant to the prosecution and defense becomes available for review.

Depending on the case, discovery may include:

• Police reports

• Body-camera recordings

• Dash-camera video

• Witness statements

• Photographs

• Laboratory reports

• Breath or blood-test records

• Search warrants

• Surveillance footage

• 911 recordings

• Medical records

• Cell-phone information

• Electronic communications

• Social-media evidence

• Financial records

• Expert reports

A police report should not automatically be treated as the complete story.

The report represents written information collected or recorded during an investigation. Other evidence may confirm, contradict, supplement, or place those observations in context.

What Does a Criminal Defense Lawyer Look for in the Evidence?

This is one of the most important parts of criminal defense.

At Fraiberg & Pernie, reviewing a case means looking beyond the name of the criminal charge and examining the evidence supporting each allegation.

Depending on the case, important questions may include:

• Can the prosecution prove every required element of the offense?

• Do police reports match body-camera and dash-camera recordings?

• Are witness accounts consistent?

• Are there credibility problems?

• Was potentially favorable evidence overlooked?

• Was a search supported by appropriate legal authority?

• Was evidence lawfully seized?

• Were statements obtained in compliance with constitutional requirements?

• Were identification procedures reliable?

• Is scientific evidence reliable and being interpreted correctly?

• Are laboratory records complete?

• Is relevant surveillance or digital evidence missing?

• Are there innocent or alternative explanations for important evidence?

Every case is different.

A defense strategy should be based on the actual evidence, applicable Michigan law, and the client’s objectives—not a predetermined approach applied to every case.

Why Video Evidence Matters in Modern Criminal Cases

Body cameras, dash cameras, surveillance systems, doorbell cameras and cell phones have changed criminal defense.

Video can sometimes show things that are missing from a written report.

Depending on the case, video may help determine:

• What an officer actually observed

• What was said

• How instructions were given

• How a person responded

• Whether a witness’s description is accurate

• The timing of events

• Physical or environmental conditions

• Whether important events occurred outside the camera’s view

Video evidence should be evaluated together with the rest of the evidence rather than in isolation.

Can Criminal Charges Be Challenged or Dismissed?

Quick Answer

Yes, criminal charges can sometimes be reduced or dismissed, but no attorney can responsibly promise that result simply because someone has been charged.

Potential issues may involve:

• Insufficient evidence

• Unreliable witnesses

• Conflicting testimony

• Constitutional violations

• Unlawful searches or seizures

• Problems with statements or interrogations

• Missing or unavailable evidence

• Scientific or laboratory issues

• Evidentiary problems

• Failure to prove an element of the charged offense

Some issues can be addressed through negotiations.

Others may require motions or evidentiary hearings.

Some cases ultimately proceed to trial.

The appropriate strategy depends on the facts and evidence in the individual case.

Michigan Misdemeanor vs. Felony Charges

Michigan criminal cases generally fall into two broad categories: misdemeanors and felonies.

Misdemeanor Cases

Misdemeanor cases are generally handled in Michigan District Courts.

Although misdemeanors are less serious than felonies, a conviction can still have significant consequences involving:

• Jail

• Probation

• Fines and costs

• Driver’s-license consequences in some cases

• Employment

• Professional licensing

• Background checks

A misdemeanor should not be ignored simply because it is not classified as a felony.

Felony Cases

Felonies are more serious criminal offenses.

Felony cases generally begin in District Court, where proceedings may include arraignment, a probable cause conference and a preliminary examination.

If the case is bound over, subsequent felony proceedings generally occur in Circuit Court.

Felony allegations can carry significant consequences, including incarceration, probation, fines, employment consequences, firearm restrictions and a felony criminal record.

Official source: Michigan’s court structure and criminal procedures are governed by Michigan law and the Michigan Court Rules. Readers can consult the Michigan Judicial Branch for official court information.

Michigan District Court vs. Circuit Court

Understanding which court is handling your case helps explain what happens next.

District Courts

Michigan District Courts generally handle matters including:

• Misdemeanor criminal cases

• Traffic offenses

• Arraignments

• Bond proceedings

• Probable cause conferences

• Preliminary examinations in felony cases

Circuit Courts

Michigan Circuit Courts generally handle felony proceedings after bindover from District Court, including:

• Felony pretrial proceedings

• Motion hearings

• Felony pleas

• Felony jury trials

• Felony sentencing

Court procedures can vary by jurisdiction, judge and type of case.

Local court experience matters because Michigan law may be statewide, but the practical administration of criminal cases occurs in individual courts.

Common Criminal Charges We Defend in Michigan

Fraiberg & Pernie represents people accused of a wide range of Michigan criminal offenses.

OWI and DUI

Operating While Intoxicated cases can involve:

• First-offense OWI

• OWVI

• High BAC

• Second-offense OWI

• Third-offense felony OWI

• Drugged driving

• Breath-test evidence

• Blood-test evidence

• Field sobriety testing

• Implied-consent issues

• Driver’s-license consequences

Related resource: Michigan OWI & DUI Guide

Domestic Violence

Domestic violence allegations may involve bond conditions and no-contact orders almost immediately after an arrest.

These cases can turn on witness statements, recordings, photographs, 911 calls, injuries, text messages and other evidence.

Related resource: Michigan Domestic Violence Defense Guide

Assault and Battery

Assault cases can involve competing versions of what occurred.

Important issues may include self-defense, witness credibility, video evidence, injuries and whether the prosecution can establish the required elements of the offense.

Related resource: Michigan Assault Defense Guide

Drug Crimes

Drug cases may involve questions concerning possession, knowledge, searches, traffic stops, search warrants, laboratory testing and the circumstances under which evidence was discovered.

Related resource: Michigan Drug Crime Defense Guide

Theft and Retail Fraud

Theft-related allegations can involve surveillance footage, witness statements, receipts, identification evidence and questions concerning intent.

Probation Violations

A probation violation can arise from allegations involving:

• A new offense

• Failed or missed testing

• Failure to report

• Failure to complete required programming

• Failure to pay required amounts

• Violation of another probation condition

Probation violations should be addressed promptly.

Warrants

If you discover that a Michigan court has issued a warrant for your arrest, ignoring it usually does not make it disappear.

Determine which court issued the warrant and why it was issued before deciding how to address it.

Criminal Defense in Oakland County, Wayne County and Macomb County

Fraiberg & Pernie represents criminal defendants throughout Southeast Michigan.

Oakland County Criminal Defense

Oakland County criminal cases may be handled in several District Courts or the Oakland County Circuit Court depending on the charge and location.

Fraiberg & Pernie’s Oakland County court resources include information concerning courts such as:

• 48th District Court

• 52-1 District Court

• 52-2 District Court

• 52-3 District Court

• 52-4 District Court

• 47th District Court

• 44th District Court

• 46th District Court

• 43rd District Court

• Oakland County Circuit Court

Related resource: Oakland County Criminal Defense Guide

Wayne County Criminal Defense

Fraiberg & Pernie also represents defendants in Wayne County District Courts and felony cases proceeding through the Wayne County Circuit Court.

Related resource: Wayne County Criminal Defense Guide

Macomb County Criminal Defense

Criminal cases in Macomb County may begin in one of several local District Courts, while felony proceedings may ultimately continue in Macomb County Circuit Court.

Related resource: Macomb County Criminal Defense Guide

Does Experience With the Local Court Matter?

It can.

Michigan criminal law applies statewide, but individual courts may have different:

• Scheduling procedures

• Courtroom practices

• Probation procedures

• Testing programs

• Administrative requirements

• Motion calendars

An attorney familiar with the court handling a case may better understand its procedures and what the defendant should expect.

Local experience does not guarantee a particular outcome. It provides practical knowledge that can be useful when preparing and managing a case.

How Do You Choose a Michigan Criminal Defense Lawyer?

Quick Answer

Look beyond advertising claims such as “best criminal defense lawyer.”

Instead, consider objective factors that may matter to your case.

Criminal Defense Experience

Ask how much of the attorney’s practice involves criminal defense and whether the lawyer has handled cases similar to yours.

Experience in the Court Handling Your Case

Michigan criminal cases are handled locally.

An attorney’s familiarity with the particular District or Circuit Court may be relevant.

Prosecutorial Experience

A former prosecutor may bring experience evaluating criminal cases from both the prosecution and defense perspectives.

Law-Enforcement Experience

Prior police experience can provide additional insight into investigations, traffic stops, police reports, evidence collection and officer procedures.

Evidence Analysis

Ask how the attorney approaches police reports, body-camera video, scientific evidence, witness statements and constitutional issues.

Trial Experience

Even cases that ultimately resolve without trial can benefit from thorough preparation.

Communication

You should understand:

• Who will handle your case

• How you will communicate

• What happens next

• What decisions you may need to make

Reputation and Independent Reviews

Consider legitimate client reviews and independent professional information rather than relying solely on statements appearing on a lawyer’s own website.

No rating, award, review or credential guarantees the outcome of a particular case.

Fraiberg & Pernie combines two professional backgrounds that can be particularly relevant in criminal cases.

Matthew Fraiberg — Former Prosecutor

Matthew Fraiberg has practiced law in Michigan for more than 28 years.

His background includes service as a:

• Former City Prosecutor

• Former Judicial Clerk in Oakland County

• Criminal defense attorney

His experience includes representing people accused of OWI/DUI, felonies, misdemeanors, domestic violence, assault, drug offenses, theft offenses, fraud and probation violations.

His former prosecutorial experience provides perspective on how criminal allegations may be investigated, charged, evaluated and negotiated.

Eric L. Pernie — Former Police Officer

Eric L. Pernie is a Michigan criminal defense attorney and former police officer.

His law-enforcement background provides a different perspective when evaluating:

• Police investigations

• Traffic stops

• Officer observations

• Police reports

• Arrest procedures

• Evidence collection

• Body-camera recordings

Together, Fraiberg & Pernie approach criminal cases by examining the evidence, the law, police procedures, constitutional issues and the circumstances unique to the individual client.

Frequently Asked Questions About Michigan Criminal Defense

Do I need a lawyer if this is my first criminal charge?

A first offense can still have significant consequences. Whether you need representation depends on the circumstances, but being unfamiliar with the criminal justice system is generally not a reason to take a charge less seriously.

Am I guilty because I was arrested?

No. An arrest is an allegation, not a conviction. The prosecution must prove the elements of the charged offense beyond a reasonable doubt.

Should I explain my side to the police?

Be cautious about making statements concerning suspected criminal conduct without understanding your rights and the circumstances of the investigation. Statements can become evidence.

Can I travel while my criminal case is pending?

Possibly. Your ability to travel depends on your bond conditions and other court orders. Review your paperwork before leaving Michigan or making significant travel plans.

Can I work while my case is pending?

Many defendants continue working. However, certain employers, professional licenses, commercial driver’s licenses and security clearances may create additional reporting or employment issues.

Can I contact the alleged victim?

Not if a court order prohibits contact. A no-contact order must be followed unless and until the court changes it.

What happens if I miss court?

A missed court appearance can result in a bench warrant and other consequences. If you believe you missed a hearing, address it promptly.

What happens if I violate bond?

The court may modify or revoke bond or impose additional conditions depending on the circumstances.

Can criminal charges be dismissed?

Sometimes. Dismissal may be possible because of evidentiary, legal, constitutional or other case-specific issues. No lawyer can responsibly guarantee dismissal simply from the fact that charges were filed.

Will my case go to trial?

Many criminal cases resolve without trial, while others require motion hearings or trial. The appropriate course depends on the evidence, law, circumstances and client’s objectives.

How long does a Michigan criminal case take?

There is no universal timeline. Some cases resolve within weeks; others take months or longer because of discovery, motions, negotiations, expert review, trial preparation or court scheduling.

Can a criminal charge affect my driver’s license?

Certain offenses—particularly OWI and driving-related crimes—can affect driving privileges. Some driver’s-license proceedings may involve separate rules or deadlines through the Michigan Secretary of State.

Can a criminal charge affect my job or professional license?

Potentially. The effect depends on the charge, outcome, occupation, employer and licensing authority.

What’s the difference between a misdemeanor and a felony in Michigan?

Misdemeanors are generally handled in District Court. Felony cases generally begin in District Court and, if bound over, continue in Circuit Court.

What should I bring when I meet with a criminal defense attorney?

Bring any documents you have relating to the case, including court paperwork, bond documents, police paperwork, tickets, notices and other potentially relevant records. Also prepare a list of questions and identify evidence or witnesses that may be important.

Michigan Criminal Case Checklist

Immediately After an Arrest

• Read your paperwork.

• Record your next court date.

• Understand your bond conditions.

• Write down what happened.

• Preserve potential evidence.

• Avoid discussing the allegations on social media.

• Do not ignore police, court or attorney communications.

While the Case Is Pending

• Attend every court appearance.

• Follow every bond condition.

• Complete required testing.

• Keep court documents organized.

• Preserve new evidence.

• Tell your attorney about changes or problems.

• Ask questions when you do not understand something.

Before Court

• Confirm the date, time and location.

• Arrive early.

• Dress appropriately.

• Bring requested documents.

• Follow security procedures.

• Turn off your phone before entering the courtroom.

• Know the purpose of the hearing.

Official Michigan Criminal Justice Resources

Reliable legal information should be supported by authoritative sources.

For additional information, consult:

Michigan Judicial Branch — Michigan courts, court rules, court forms and official judicial information.

Michigan Legislature — Michigan statutes and current statutory language.

Michigan Secretary of State — Driver’s-license information, suspensions, revocations and restoration procedures.

Michigan State Police — State criminal justice and traffic-safety information.

Fraiberg & Pernie also maintains more detailed guides concerning Michigan OWI/DUI law, driver’s-license issues, warrants, domestic violence, assault, drug crimes, individual courts and other criminal-defense topics.

About the Authors

This Michigan Criminal Defense Guide was written and reviewed by the attorneys of Fraiberg & Pernie, a Michigan criminal defense law firm representing clients in misdemeanor and felony cases throughout Oakland County, Wayne County, Macomb County and surrounding Michigan communities.

Matthew Fraiberg — Author

Managing Partner | Michigan Criminal Defense Attorney | Former City Prosecutor

Matthew Fraiberg is the managing partner of Fraiberg & Pernie and has practiced law in Michigan for more than 28 years. He is a former City Prosecutor and former Judicial Clerk in Oakland County.

Fraiberg represents clients facing OWI/DUI, felony, misdemeanor, domestic violence, assault, drug, theft, fraud, probation-violation and other criminal charges. His background as both a prosecutor and criminal defense attorney provides experience evaluating criminal cases from both sides of the courtroom.

Read Matthew A. Fraiberg’s attorney profile.

Eric L. Pernie — Legal Review

Partner| Michigan Criminal Defense Attorney | Former Police Officer

Eric L. Pernie is a criminal defense attorney and co-founder of Fraiberg & Pernie. Before becoming an attorney, Pernie served as a Michigan police officer for more than 10 years.

His law-enforcement background provides additional perspective when evaluating police investigations, traffic stops, officer observations, police reports, arrest procedures, evidence collection and body-camera recordings.

Read Eric L. Pernie’s attorney profile

Written by: Matthew Fraiberg
Reviewed by: Eric L. Pernie
Jurisdiction: Michigan
Practice Area: Criminal Defense
Last Legally Reviewed: August 2026

Speak With a Michigan Criminal Defense Lawyer

If you have been arrested, charged with a crime, served with a warrant, accused of violating probation, or believe you are under criminal investigation, understanding your options early can be important.

Fraiberg & Pernie represents clients throughout Oakland County, Wayne County, Macomb County and surrounding Michigan communities in cases involving:

• OWI and DUI

• Felonies

• Misdemeanors

• Domestic violence

• Assault

• Drug crimes

• Theft and fraud

• Probation violations

• Warrants

• Other criminal allegations

Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.

Every criminal case is different. Prior results, professional experience, ratings and reviews do not guarantee a particular outcome.

Key Takeaways

• An arrest is an allegation, not a conviction.

• You have the right to remain silent.

• Follow all bond and court orders.

• Preserve evidence as early as possible.

• Do not assume the police report contains the entire story.

• Video, digital evidence, witness credibility and constitutional issues can matter.

• Michigan misdemeanors are generally handled in District Court.

• Felony cases generally begin in District Court and may proceed to Circuit Court.

• Criminal-defense strategy should be based on the evidence and facts of the individual case.

• Local court experience and meaningful criminal-defense experience are factors to consider when selecting an attorney.

Call (248) 986-2682 today.

Related Michigan DUI Resources

Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan

Written by Matthew Fraiberg
Michigan Criminal Defense Attorney
28+ years experience

What areas does Fraiberg & Pernie serve?

Fraiberg & Pernie represents clients throughout Michigan, including:

• Oakland County

• Macomb County

• Wayne County

We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.