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Arrested in Michigan? The First 48 Hours Decide More Than You Think

If you or someone you love was just arrested anywhere in Michigan — Detroit, Grand Rapids, Flint, Sterling Heights, Ann Arbor — the clock is already running. After a warrantless arrest you're entitled to a judge's probable-cause review within about 48 hours, and the arraignment that follows is where a District Court judge sets your bond and reads exactly what you're charged with. What you say to police before then can decide the whole case. Don't guess. Call 1-844-690-0555 free, any hour, and get the Michigan arrest-to-arraignment process explained in plain English before you make a single decision.

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Free legal information. Not legal advice. Available 24/7 across Michigan.

Criminal Defense in Michigan — what to do right now

Right now, before anything else: stop talking to police and clearly say the words 'I am invoking my right to remain silent and I want a lawyer.' In Michigan that invocation has to be unambiguous — just going quiet isn't enough to stop questioning. Then don't discuss the case on a recorded jail phone line, don't post anything online, and don't let anyone 'explain your side' for you. Your next real moment is the arraignment, which must happen without unnecessary delay (about 48 hours after a warrantless arrest, MCR 6.104), where the judge sets your bond. Call 1-844-690-0555 free, 24/7, and we'll walk you through what to expect at that first hearing and how bond works in Michigan District Courts.


The law in Michigan: Criminal Defense

Michigan criminal cases run on two codes at once. The Michigan Penal Code (Act 328 of 1931, MCL Chapter 750) defines the crimes themselves — assault, larceny, controlled-substance offenses, criminal sexual conduct, homicide — while the Code of Criminal Procedure (Act 175 of 1927, MCL Chapters 760–777) controls how a case moves from arrest through sentencing. Which code your charge sits in matters: the penalty lives in the Penal Code, but your deadlines and rights live in the Procedure Code.

Where your case is heard depends on whether it's a misdemeanor or a felony, and Michigan splits felonies across two courthouses. Every case starts in District Court — the trial court of limited jurisdiction that handles all misdemeanors start to finish and the front end of every felony: arraignment, bond, the probable cause conference (7 to 14 days after arraignment, MCL 766.4) and the preliminary examination (5 to 7 days after the conference). At the prelim the prosecution must show probable cause for each charge or it's dismissed or knocked down — a live screening hearing Michigan still holds where many states have moved to grand juries. If the case is 'bound over,' it goes up to Circuit Court, the general-jurisdiction trial court, for arraignment on the information, trial, and sentencing.

Sentencing in Michigan is its own world. Felony minimums are scored on a grid (MCL 777.1 et seq.) using Offense Variables and Prior Record Variables, but since People v Lockridge, 498 Mich 358 (2015), that grid is advisory, not mandatory (MCL 769.34). A judge can sentence outside the range if the sentence is reasonable and the reasons are stated on the record — which means sentencing argument is genuinely open and worth fighting for. Prior felonies change everything: the habitual-offender statutes (MCL 769.10, 769.11, 769.12) raise the maximum to 1.5x for one prior, 2x for two priors, and up to life for three or more — with a hard 25-year mandatory minimum when a defendant with three-plus prior felonies (one of them a listed felony) commits a new 'serious crime' under MCL 769.12.

You have a right to a court-appointed attorney if you can't afford one. The Michigan Indigent Defense Commission Act (MCL 780.981 et seq.; the right to appointed trial counsel is at MCL 780.991) sets minimum standards and funds roughly 120 local trial-court indigent-defense systems statewide, and your eligibility is screened at your first court contact. Separately, Michigan's Self-Defense Act (MCL 780.971–780.974) codifies stand-your-ground — no duty to retreat anywhere you're lawfully present — and once self-defense is properly raised the prosecution must disprove it beyond a reasonable doubt. None of this is legal advice, and a call to our line creates no attorney-client relationship — but understanding which of these rules touches your case is exactly what the free call is for.

Key Statutes

  • Michigan Penal Code — MCL ch. 750 (defines the crimes; e.g. 1st-degree murder, MCL 750.316)
  • Code of Criminal Procedure — MCL ch. 760–777 (arrest through sentencing)
  • MCL 769.34 — sentencing guidelines advisory post-Lockridge; reasonable departures allowed
  • MCL 769.10 / 769.11 / 769.12 — habitual-offender enhancements (1.5x / 2x / up to life; 25-yr min in some 4th-habitual cases)
  • MCL 780.972 — Self-Defense Act: stand your ground, no duty to retreat

Courts & Agencies

  • District Court — all misdemeanors + felony front end (arraignment, bond, prelim exam)
  • Circuit Court — felony trial & sentencing after bindover (e.g. Third Circuit, Wayne County)
  • Circuit Court Family Division — juvenile delinquency, offenders under 18
  • Michigan Court of Appeals → Michigan Supreme Court (appellate review)
  • Michigan Indigent Defense Commission (MIDC) — sets standards for ~120 local defense systems

Penalties & Deadlines

  • 48-hour rule — judicial probable-cause determination after a warrantless arrest (MCR 6.104)
  • Probable cause conference 7–14 days after arraignment; prelim exam 5–7 days later (MCL 766.4)
  • Misdemeanor tiers: 93-day, 1-year, and 2-year 'high-court' misdemeanor; felony = 1 year+ in prison
  • Appeal of right: 42 days from the judgment of sentence (MCR 7.204); delayed leave generally up to 6 months
  • First-degree murder: mandatory life without parole (MCL 750.316)

Michigan Still Holds a Preliminary Exam — and It's the Dismissal Point Most People Sleep Through

Here's the Michigan feature that blindsides people: your felony isn't really 'a felony case' until a District Court judge agrees it is. Within roughly three weeks of arraignment — a probable cause conference 7 to 14 days out, then a preliminary examination 5 to 7 days after that (MCL 766.4) — the prosecutor has to actually show probable cause for each charge in a live hearing many states traded for secret grand juries. It's a genuine off-ramp: charges get dismissed or reduced here, and sworn testimony gets locked in for trial. Yet defendants routinely waive the exam without understanding what they're giving up. Before you waive anything or grab a quick plea at the District Court level, call 1-844-690-0555 free, any hour, and find out what your prelim is actually worth.


Likely outcomes & penalties

Exposure in Michigan depends on the charge tier, the guidelines score, and your prior record. These are realistic ranges, not promises — your actual outcome turns on facts only a licensed attorney can assess.
93-day / 1-year misdemeanor
Up to 93 days or up to 1 year in county jail plus fines and costs; first-time, lower-tier cases often resolve with probation, costs, or a diversion/deferral rather than jail — but a conviction still hits your record.
Felony (Class A–H)
More than 1 year, served in Michigan Department of Corrections prison. Class H is the lowest tier; Class A (1st-degree murder, 1st-degree CSC) can reach life. The advisory guidelines minimum is scored case by case.
Habitual-offender uplift
One prior felony multiplies the max by 1.5, two priors by 2, and three or more can reach life — with a 25-year mandatory minimum when someone with three-plus priors (one a listed felony) commits a new 'serious crime' under MCL 769.12. Priors reshape every plea decision.
Record relief (Clean Slate)
Eligible 93-day-plus misdemeanors auto-clear 7 years after sentencing and felonies 10 years out, no application needed (caps: 2 felonies / 4 such misdemeanors). By application, waiting periods run 3, 5, or 7 years — but assaultive and serious offenses are excluded.

Mistakes to avoid

⚠️
Assuming silence alone protects you — in Michigan you have to clearly say you're invoking the right to remain silent and ask for a lawyer out loud; sitting quietly while officers keep talking can be treated as you still being open to questioning.
⚠️
Talking about the case on a recorded jail phone line or 'explaining your side' to police before arraignment — those statements become evidence, and the roughly 48-hour window before you see a judge is exactly when people talk themselves into a worse charge.
⚠️
Waiving your preliminary examination without understanding it — that District Court hearing (MCL 766.4) is often the best early chance to get a felony dismissed or reduced and to lock down witness testimony under oath.
⚠️
Believing a 17-year-old is automatically an adult in Michigan — since 'Raise the Age' took effect October 1, 2021, juvenile (Family Division) jurisdiction covers offenders under 18, so the old '17 equals adult' assumption is wrong.
⚠️
Missing the 42-day appeal-of-right deadline after sentencing (MCR 7.204), or picking up a new conviction during a Clean Slate waiting period — a new offense resets the clock and can disqualify your eligibility entirely.

How it works

1
Call 1-844-690-0555 — free, 24/7. Phone our line any hour from anywhere in Michigan. No income test, no web form, no waiting room. If someone was just arrested, call now — the arraignment clock doesn't pause for business hours.
2
Talk to an AI legal assistant trained on Michigan + federal law. Explain what happened in plain English and get the Michigan process — arraignment, bond, the probable cause conference and preliminary exam, guidelines exposure — laid out clearly. This is legal information, not legal advice, and the call creates no attorney-client relationship. We are not a law firm and not a public defender.
3
Get matched with a Michigan criminal defense attorney if you want one. If your situation calls for a lawyer, we can help you book a paid consultation with a Michigan-licensed criminal defense attorney — arranged through the call. It's a separate paid step, and you decide whether to take it.

Free & low-cost Criminal Defense help in Michigan

If you can't afford a private attorney, Michigan has real options — appointed counsel screened at your first court date, plus these verified statewide resources for defense, appeals, and clearing your record. We're independent of all of them; this is information to help you find the right door.

The oversight body that sets minimum standards for the roughly 120 local trial-court indigent-defense systems across Michigan. If you can't afford a lawyer, eligibility for appointed counsel is screened at your first court contact — start here to understand your local system.
Statewide appellate indigent-defense office and home of the MAACS roster — the place to look if you've been convicted and need to protect your 42-day appeal-of-right deadline.
Free, court-funded self-help: plain-language guides, eligibility tools, and forms for criminal, traffic, and Clean Slate set-aside questions, organized by problem type.
The agency that runs Michigan's automatic Clean Slate set-aside process and holds the ICHAT criminal-history database. Use it to check what's on your record and how the 7-year / 10-year automatic clearance applies.
Free expungement clinics and guidance to help eligible people apply to set aside convictions, covering the application path and the 3/5/7-year waiting periods.
Statewide record-clearance resources and criminal-justice reform information — useful background on Clean Slate eligibility and what the assaultive/serious exclusions mean for you.
The official statewide referral line at 1-800-968-0738 (Mon–Fri). A modest administrative fee gets you matched with a panel attorney for a brief initial consultation; the fee is waived for certain claimants.

FAQ — Criminal Defense in Michigan

I was just arrested in Michigan — how long until I see a judge?

If you were arrested without a warrant, Michigan requires a judicial probable-cause determination within about 48 hours, and your arraignment has to happen without unnecessary delay (MCR 6.104). That arraignment is where bond gets set — your first real shot at getting out. Call 1-844-690-0555 free, any hour, and we'll explain what to expect at that first hearing.

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

Michigan misdemeanors come in tiers — 93-day, 1-year, and a 2-year 'high-court' misdemeanor that's prosecuted like a felony. A felony means more than a year, served in state prison rather than county jail. Which tier you're facing changes which courthouse handles your case and how much exposure you have. Call 1-844-690-0555 free to find out where your charge falls.

Do I qualify for a free public defender in Michigan?

You have a right to appointed counsel if you can't afford a lawyer (MCL 780.991), funded through the Michigan Indigent Defense Commission across roughly 120 local trial-court systems. Your financial eligibility is screened at your first court contact. If you're unsure how to ask or what to expect, call 1-844-690-0555 free, 24/7, and we'll walk you through it.

What actually happens at a preliminary examination?

In a Michigan felony, the prelim (MCL 766.4) is a District Court hearing — held after a probable cause conference, usually within about three weeks of arraignment — where the prosecutor must show probable cause for each charge or the case can be dismissed or reduced. It's a genuine screening step many states no longer use, and waiving it without understanding it can cost you. Call 1-844-690-0555 free to learn what your prelim is worth before you give it up.

How much prison time am I really facing in Michigan?

Felony minimums are scored on a guidelines grid (MCL 777.1 et seq.) using offense and prior-record variables, but since People v Lockridge that range is advisory — a judge can sentence outside it if the sentence is reasonable. Class A felonies can reach life; lower classes are far less. Only a licensed attorney can score your specific case. Call 1-844-690-0555 free to understand the framework first.

I have prior felonies — how does that change my sentence?

Michigan's habitual-offender statutes (MCL 769.10–769.12) raise your maximum: 1.5x for one prior, 2x for two priors, and up to life for three or more — with a 25-year mandatory minimum when someone with three-plus priors (one a listed felony) commits a new 'serious crime.' Priors reshape every plea decision, so this is worth understanding early. Call 1-844-690-0555 free, any hour, to talk it through.

Is my 17-year-old charged as an adult in Michigan?

Not automatically — not anymore. Since 'Raise the Age' took effect October 1, 2021, juvenile (Family Division) jurisdiction covers offenders under 18 (MCL ch. 712A). Serious cases can still be waived or designated into adult court, but the old '17 equals adult' rule is gone. Call 1-844-690-0555 free to understand which court your child's case belongs in.

Can I get my Michigan record expunged, and when?

Often yes. Under Clean Slate, eligible 93-day-plus misdemeanors auto-clear 7 years after sentencing and felonies 10 years out with no application (caps of 2 felonies / 4 such misdemeanors), and you can also apply after 3, 5, or 7 years. Assaultive and serious offenses are excluded, and a new conviction resets the clock. Call 1-844-690-0555 free to check where you stand.

The police questioned me about a fight — could self-defense apply?

Maybe. Michigan's Self-Defense Act (MCL 780.972) gives you no duty to retreat anywhere you're lawfully present, and once self-defense is properly raised the prosecution must disprove it beyond a reasonable doubt. Whether it fits your facts is a real legal question that turns on exactly what happened. Call 1-844-690-0555 free to understand how it works before you talk to anyone else.

I'm not a U.S. citizen — can a Michigan charge affect my immigration status?

It can. Immigration consequences are decided under federal law by USCIS and the immigration courts (EOIR), not by the Michigan judge handling your criminal case — but the Michigan plea or conviction you take is what those federal authorities look at. Certain offenses can trigger removal or block relief, so the criminal and immigration sides have to be handled together. Call 1-844-690-0555 free, 24/7, and we'll explain the landscape; a Michigan attorney with immigration awareness can advise on your specific plea.

Does calling this line make you my lawyer?

No. Legal Hotline gives legal information, not legal advice, and the call creates no attorney-client relationship — we're not a law firm and not a public defender. What we can do is explain Michigan's criminal process clearly and, if you want, help you book a paid consultation with a Michigan-licensed attorney. Call 1-844-690-0555 free, 24/7, to start.


Are you a Michigan criminal defense attorney? Join our network

We send Michigan defendants who need representation to licensed criminal defense attorneys across the state — from the 36th District Court and Third Circuit in Wayne County to Oakland, Kent, Genesee, and the courts up north. If you'd like to receive matched consultation requests from people facing real charges, we'd like to hear from you. Mention attorney network intake when you call 1-844-690-0555, or reach out to learn how the referral process works.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

The clock started the moment you were arrested. Don't wait for business hours.

In Michigan, bond gets set at an arraignment within about 48 hours, a felony's probable cause conference and preliminary exam run within weeks, and what you say before that first hearing can decide everything. You don't have to figure it out alone or in the dark. Call 1-844-690-0555 now — free, 24/7, in plain English — and understand exactly what you're facing before you make your next move. It's legal information, not legal advice, and it creates no attorney-client relationship — just clarity when you need it most.

Free legal information. Not legal advice.

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