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I Have Been Arrested, Charged, or Convicted of a Crime

 This toolkit tells you about what happens after you have been arrested, charged, or convicted of a crime. For general information, read the Articles on this page. Review the Common Questions if you have a specific question. The links under Court Information tell you about the court that will handle your case.

You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.

Common Questions

When do police need a search warrant?

In general, police need a search warrant to enter any private building or area, or to search electronic materials like your phone or computer. If police do not have a search warrant, you do not have to allow them to enter your home, garage, car, or any other private place not open to the public. If police do have a warrant, you should allow them to search whatever is listed in the warrant. The search is usually limited to the terms of the warrant.

If police witness a crime, they do not need a warrant to conduct a search. If the police do not have a search warrant they might ask you for permission to search. You are not required to give permission.

Different rules apply to searches during a traffic stop. With traffic stops, police might be able to search a car without a warrant if they have probable cause that they will find evidence of a crime.

If you have questions about whether police need a warrant to search something, you should speak with a lawyer. Use the Guide to Legal Help to find lawyers in your area. To learn more, read the “Search Warrants” section of An Overview of a Criminal Case.

What rights do I have if I am arrested?

If the police arrest you, they must tell or “read” you your “Miranda rights.” The most common version of Miranda rights is: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” You could hear a different version, but it should include the same rights.

The police or prosecutors cannot force you to answer questions after you are arrested. Your right to remain silent is guaranteed by the Fifth Amendment to the U.S. Constitution.

You have the right to have a lawyer present when you are talking to the police or prosecutor. This includes any oral or written statements you make. Your right to a lawyer is guaranteed by the Sixth Amendment to the U.S. Constitution. Michigan law guarantees that anyone suspected of committing a crime who wants a lawyer can get one, regardless of their ability to pay. You must clearly and specifically ask for a lawyer to have one present during police questioning.

To learn more, read I Have Been Arrested or Charged with a Crime.

What rights do I have if I am charged with a crime?

If you are charged with a crime, your right to a lawyer continues throughout the process. You find out what crime(s) you are charged with at an arraignment. At this point you become the defendant in the case.

When you are arraigned, you have the right to plead “not guilty,” or stand mute (not say anything) and the court will enter a not guilty plea for you.  All defendants are presumed innocent until found guilty. That means the prosecutor must present evidence that proves beyond a reasonable doubt that you committed a crime.

You also have the right to present your own evidence and call your own witnesses to help your case. Both you and the prosecutor can subpoena witnesses if necessary.

You have the right to a speedy and public trial. “Speedy” means that there are not unreasonable delays. Criminal trials can take weeks, sometimes months to complete.

To learn more, read I Have Been Arrested or Charged with a Crime.

Common Questions

What is the difference between bail and bond?

Bail is money or other property a defendant must give the court to be released from jail during the criminal case. Bond is the promise the defendant makes to come to court when required. There are four common types of bond. To learn more, read the “Bail and Bond” section of An Overview of a Criminal Case.

Who decides who can be on a jury?

The court randomly selects people from a list from the Secretary of State to be possible jurors. At court, there will be a random draw of 12 people to sit on a jury for felony cases. There are six jurors for misdemeanor cases.

The judge, prosecutor, and defendant’s lawyer will ask the potential jurors about their backgrounds and beliefs. This process is called “voir dire.” The prosecutor and defendant’s lawyer are allowed to dismiss a limited number of jurors without giving a reason. These are called peremptory challenges. They are also allowed to dismiss as many jurors as they want if there is good cause. If a juror is dismissed during this process, an alternate will take their place. This continues until the court has the required number of jurors.

What if I am found not guilty?

If the jury or judge finds you are not guilty, it is called an “acquittal.” If you are acquitted, nothing about the case should be on your criminal record. If you have been acquitted but the arrest and charges still show up on your criminal record, read Clearing My Arrest Record (coming soon).

Do I have a right to appeal?

You have the right to appeal your case. An appeal from district court is heard by a circuit court judge. An appeal from circuit court is heard by the Michigan Court of Appeals. An appeal from there is heard by the Michigan Supreme Court. There is not a right to appeal at every level in every case. There are times when the court can choose whether to hear a case.

To learn more, read the “Appeals in a Criminal Case” section of An Overview of a Criminal Case.

All appeals are complicated. If you are interested in appealing a decision, you may want to talk to an experienced criminal law lawyer. Use the Guide to Legal Help to find lawyers in your area.

What is the sex offender registry?

The Michigan Public Sex Offender Registry (PSOR) lists information about people convicted of sexually based crimes.

 

 

 

What information can be found on the registry?

The Michigan State Police (MSP) maintains and updates the PSOR. The PSOR will list this information about people on the registry:

  • Name
  • Date of birth
  • Registration number
  • Photo
  • Registration details, such as the registration time frame and last verification date
  • Physical characteristics including scars, marks, tattoos
  • Known aliases
  • Offense information
  • Address
  • Vehicle information

Some of the information in the PSOR is gathered through public records, but some of it is reported by the people on the registry. This means the MSP can’t guarantee the information is accurate. Anyone who believes the information about an offender is wrong can contact the MSP by phone at (517) 241-1806. They can also contact their local law enforcement agency.

People who use the registry to search for a specific person should make sure any record they find matches the person they are searching for. It’s not uncommon for people to have the same name.

 

Once someone is added to the registry, can they be removed?

Maybe. Depending on certain factors, a person can ask a judge for permission to stop registering and be removed from the registry. They can do this using the Petition to Discontinue Sex Offender Registration and Order. The form comes with instructions about when someone is eligible to use it and about how to complete it.

There are five scenarios that could make you eligible for this process. To learn more, read An Overview of the Michigan Public Sex Offender Registry.

 

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