If you’ve been charged with a crime in Michigan, you are probably wondering what will happen to you when you go to court. Understanding the criminal process in Michigan will help lower your anxiety and this guide is designed to give you a basic reference about what to expect after your case gets started in court. Also covered are the steps that the case will go through before it ever gets to court. Understanding how cases begin is essential for anyone facing criminal allegations. The following information is for Michigan state cases. For federal case procedure please see our companion article – What Are the Steps in a Federal Criminal Case?
Frequently Asked Questions About Michigan Criminal Procedure:
How do Criminal Cases Begin?
Police may become involved in a criminal investigation through numerous avenues, often depending on the nature of the alleged offense. One of the most common ways is through direct observation by law enforcement officers, such as witnessing a crime in progress, a traffic violation, or suspicious behavior that warrants further inquiry.
Citizens also frequently report crimes by calling 911, submitting anonymous tips, or filing formal complaints with local law enforcement agencies. In some cases, victims or witnesses report criminal activity directly at a police station or through online crime reporting portals.
Investigations may also be triggered by automated systems, such as license plate readers detecting a stolen vehicle, gunshot detection technology alerting authorities to firearm discharges, or surveillance footage capturing suspicious activity. Additionally, police may learn about crimes through social media monitoring, where individuals post evidence of criminal behavior or threats.
Routine patrols, probation or parole checks, and welfare checks conducted at the request of concerned individuals can also lead to the discovery of illegal activity. Law enforcement may receive referrals from other agencies, such as child protective services, financial institutions reporting fraud, or hospitals reporting injuries consistent with violent crimes.
Undercover operations and sting operations are proactive methods where officers infiltrate criminal enterprises or pose as potential victims to catch offenders in the act. Lastly, confidential informants—often individuals cooperating with police to reduce their own legal consequences—can provide valuable intelligence that initiates an investigation.
Each of these methods allows law enforcement to respond to and investigate criminal activity, ensuring public safety and the enforcement of state laws.
What is Involved in a Typical Police Investigation?
Police investigations are systematic processes designed to gather evidence, establish facts, and determine whether a crime has been committed. The nature of an investigation varies based on the severity and complexity of the alleged offense, but all investigations typically involve a combination of observation, analysis, and enforcement.
Law enforcement officers use a variety of investigative methods, including interviewing witnesses, victims, and suspects to obtain firsthand accounts of events. They collect physical evidence from crime scenes, such as fingerprints, DNA samples, weapons, and other forensic material, which may be analyzed in a crime lab. Digital forensics plays a significant role in modern investigations, with police retrieving data from cell phones, computers, surveillance cameras, and social media accounts to track communications and activities.
Additionally, officers may conduct covert surveillance, wiretaps, and undercover operations to monitor suspects and gather intelligence. Search warrants allow law enforcement to legally access private property, seize evidence, and further their investigation, while subpoenas compel individuals to provide records, financial transactions, or testimony.
Crime scene reconstruction, ballistic analysis, and autopsies in cases of violent crime help investigators piece together the circumstances surrounding an incident. In some cases, polygraph tests, informants, or cooperation from co-defendants can provide additional insights. The ultimate goal of an investigation is to build a case based on credible, legally obtained evidence that can be presented in court, ensuring that justice is served while upholding the constitutional rights of all parties involved.
How Do Police Investigate DUI and Intoxicated Driving Cases?
Police investigations into DUI cases often begin with roadside observations and traffic stops based on signs of impaired driving, such as swerving, erratic braking, speeding, or driving well below the speed limit. Once an officer pulls a driver over, they may initiate a DUI investigation by observing physical signs of impairment, including bloodshot eyes, slurred speech, or the odor of alcohol or drugs.
Standardized field sobriety tests (SFSTs) are commonly used to assess a driver’s coordination, balance, and cognitive function. These tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. Officers may also administer a Preliminary Breath Test (PBT) using a handheld breathalyzer to estimate Blood Alcohol Content (BAC) at the roadside.
If the officer believes there is sufficient evidence of impairment, the driver may be arrested and taken to a police station or medical facility for further chemical testing, such as an Intoxilyzer 9000 breath test, a gas chromatography whole blood test, or urine test to determine BAC or the presence of drugs. Some jurisdictions employ Drug Recognition Experts (DREs) who conduct additional evaluations to determine if impairment is due to substances other than alcohol.
Police may also gather evidence from dashcams, body cameras, and witness statements. In cases where a crash is involved, accident reconstruction experts may be called to assess factors such as speed, point of impact, and possible mechanical failures. All evidence collected during a DUI investigation is documented in police reports and may be used in court to support charges against the driver.
When Will I be Arrested?
In a DUI/OWI case, if the officer observes enough evidence to suspect intoxication—such as failing a field sobriety test or a high BAC result—they may arrest the driver immediately. For other crimes, officers may request a complaint and warrant from the prosecutor after completing their investigation. The prosecutor reviews the evidence to determine whether probable cause exists to file charges.
What is Prosecutor Review and Warrant Request Under MCL 764.1a?
Once law enforcement completes an investigation, the officer submits a warrant request to the prosecutor. The prosecutor then evaluates the evidence, including police reports, witness statements, and any physical or digital evidence, to determine whether criminal charges should be filed. If the evidence supports probable cause, the prosecutor prepares a formal complaint and warrant for review by a magistrate. If the evidence is insufficient, the prosecutor may request further investigation or decline to authorize charges.
Under MCL 764.1a, the process of filing a complaint and issuing a warrant is strictly regulated to ensure fairness and accountability. A complaint must be made by someone with direct knowledge of the facts, such as a police officer or another individual involved in the case. This person is required to swear to the accuracy of the complaint before a magistrate or court clerk. This is referred to as the “swear to” hearing, and is largely perfunctory.
Before issuing a warrant, the magistrate reviews the complaint and supporting evidence to determine whether probable cause exists. Probable cause means there is sufficient evidence to reasonably believe both that a crime was committed and that the accused was involved. The magistrate acts as an independent authority, ensuring that the decision to bring charges is based on evidence rather than assumptions or unfounded allegations. The complaint must also provide enough detail to inform the accused of the charges against them, satisfying constitutional due process requirements.
In theory, by adhering to the standards set forth in MCL 764.1a, Michigan law helps to ensure that criminal charges are based on credible evidence and follow a transparent legal process. This is intended to protect individuals from arbitrary accusations while enabling the state to pursue legitimate cases effectively. As with most aspects of the criminal justice system, theory and practice are rarely aligned.
Since probable cause is such a low standard of proof, the issuance of a complaint by a magistrate says little about the strengths and weaknesses of the case charged. You will want the complaint and all of the evidence supporting it to be reviewed by a expert criminal defense lawyer who can then advise you how the charged might best be defended.
Will I be Given Bond?
If you have not already been arrested, law enforcement will execute the warrant and take the individual into custody. However, your lawyer may be able to intercede to avoid the arrest and allow you to appear in court to have the warrant “set aside.”
During the court hearing, after an arrest or at time warrant is set aside, the next step is for the magistrate to set bond. Bond can range from a personal recognizance bond (no money required) to a cash bond, depending on the severity of the offense. Conditions such as alcohol testing, travel restrictions, or no-contact orders may also be imposed.
When setting bond, courts consider various factors, including the severity of the crime, the defendant’s prior criminal history, ties to the community, risk of flight, and potential danger to the public. Financial circumstances are also considered, ensuring that individuals are not unnecessarily detained simply due to inability to pay.
What is Bond Reform in Michigan?
Michigan has implemented bond reform efforts aimed at reducing the number of non-violent offenders held in pretrial detention by encouraging the use of personal recognizance bonds and setting fair bail amounts. The goal of these reforms is to balance public safety with the presumption of innocence, ensuring that pretrial incarceration is used only when necessary.
What Happens at the Arraignment?
The arraignment is the first formal court appearance, where the defendant is informed of the charges, maximum penalties, and their legal rights. The defendant typically enters a not guilty plea at this stage. The arraignment process usually only takes a short time in court, and will involve your lawyer telling the magistrate or judge that you “waive the formal reading” meaning the charges will not be read in open court. Your lawyer will usually say that you “stand mute” meaning you are not pleading guilty or not guilty. The court will enter a plea of not guilty on your behalf and set the case for a pretrial. In some Michigan courts in DUI cases the arraignment and pretrial will take place on the same day.
What is a Probable Cause Conference (PCC) in Michigan?
In Michigan felony cases, a Probable Cause Conference (PCC) is a pretrial proceeding held within 7 to 14 days after arraignment. Governed by MCL 766.4, the PCC serves as an opportunity for the prosecution and defense to discuss the case, review evidence, and explore potential resolutions before proceeding to a preliminary examination.
Possible resolutions include plea agreements, charge reductions, or case dismissal. If no resolution is reached, the case advances to the preliminary examination unless waived by the defendant. The PCC helps streamline the legal process by encouraging early negotiations and clarifying the prosecution’s evidence, allowing both parties to assess the case’s strengths and weaknesses before further court proceedings.
What is a Preliminary Examination?
In felony cases, a preliminary examination is held in district court to determine if there is enough evidence (probable cause) to proceed to circuit court. Unless waived, this exam must be held not less than 5 days or more than 7 days after the date of the probable cause conference. This hearing involves testimony from witnesses, typically limited to police officers, and cross-examination by the defense. The defendant can also waive the right to a preliminary examination, which often happens when the case is heading toward resolution through a plea.
What is the 21-Day Preliminary Examination Requirement?
Michigan law requires that a preliminary examination be held within 21 days of the defendant’s arraignment on the complaint to protect the defendant’s right to a speedy trial and prevent unnecessary pretrial detention. If the prosecutor is unable to commence the exam within this period and lacks good cause for an adjournment, the case may be dismissed without prejudice, meaning the prosecutor can refile charges later. However, defendants often waive the 21-day requirement to allow their defense attorney time to obtain discovery and prepare a stronger case. When waiving this right, defendants must do so knowingly and voluntarily, acknowledging their willingness to extend the timeline.
What is the Arraignment on the Information after Bind Over?
Once a felony case is bound over from district court to circuit court after a preliminary examination or waiver of that hearing, the defendant must go through a second arraignment, known as the Arraignment on the Information. This proceeding occurs in circuit court, where the defendant is formally notified of the charges now contained in the Information, which replaces the original complaint.
The defendant may enter a plea, typically maintaining a not guilty plea at this stage, and the court will set further dates for pretrial motions, hearings, and potential plea discussions. Unlike the initial arraignment, bond conditions may be revisited, and defense attorneys may begin filing substantive motions to challenge aspects of the prosecution’s case before trial proceedings commence.
What Are Pretrial Conferences and Motions?
During the pretrial conference, the defense attorney and prosecutor discuss the case, review evidence, and explore potential plea agreements. Discovery, which includes police reports, video footage, and lab results, is shared at this stage. The pretrial conference allows the defense attorney and prosecutor to discuss evidence, negotiate potential plea agreements, and address any preliminary issues before the case is set for trial. At or prior to the pretrial, Defense attorneys may file motions to:
- Suppress evidence obtained unlawfully.
- Challenge the legality of the traffic stop or arrest.
- Exclude unreliable test results.
There are many dozens of different kinds of motions that address many different kinds of issues. Filing and then resolving these motions can significantly impact the case’s direction, and in some instances can result in the case being dismissed altogether.
Will My Case go to Trial?
If the case is not resolved through a plea, it proceeds to trial. In all criminal cases, the prosecution must prove beyond a reasonable doubt, a very high standard. At the trial, both the prosecution and defense have the opportunity to present evidence, question witnesses, and make closing arguments. However, a defendant does not need to present evidence or do anything because the burden of proof is on the prosecution only. There are some exceptions to this, involving affirmative defenses, but they are rare.
Verdicts must be unanimous, and with misdemeanors the jury consists of 6 people and with felonies, 12 people must unanimously decide. Trials can be conducted before a judge (bench trial) or a jury.
For more information about the factors to consider when deciding to plead guilty or stand trial see; Should I Take My Drunk Driving Case to Trial or Just Plead Guilty?
What is a Pre-Sentence Investigation Report (PSIR)?
A Pre-Sentence Investigation Report (PSIR) is a document prepared by a probation officer to assist the judge in determining an appropriate sentence after a conviction. The PSIR includes details about the defendant’s background, prior criminal history, and the circumstances surrounding the offense. It also contains sentencing recommendations, victim impact statements, and any mitigating or aggravating factors. Because the PSIR influences not only the sentence but also how the defendant is classified for incarceration and rehabilitation, it is crucial to ensure its accuracy. Defendants have the right to review and challenge any inaccuracies before sentencing to ensure fair treatment within the criminal justice system.
What Happens at Sentencing
If convicted or after a guilty plea, sentencing occurs several weeks or even several months after the conviction. Prior to sentencing, you will be interviewed by the court’s probation department. They will prepare a presentence investigation and report (PSIR). This document will include a sentencing recommendation and will be provided to your attorney prior to sentencing.
At the sentencing hearing, your attorney will advocate for you relative to how the sentencing guidelines are scored to assure your guidelines are as low as possible. Felony convictions often carry more severe penalties, guided by Michigan’s Sentencing Guidelines. If errors or misleading information are found in the PSIR, your attorney can request corrections or submit formal objections, as inaccuracies in the PSIR can impact sentencing severity and future parole considerations. In DUI/OWI cases, you will also be given an alcohol screening test called the NEEDS alcohol assessment.
After the sentencing guidelines and the PSIR has been addressed, your attorney will address the court and ask for the lowest possible sentence. The prosecutor also has an opportunity to address the court and advocate for a particular sentence. You will then have an opportunity to address the court if you choose.
At the conclusion of the sentencing hearing, the Judge will give you your sentence. Penalties may include fines, probation, alcohol education programs, ignition interlock requirements, or jail time. Restitution to victims, if applicable, may also be ordered.
What is the Right of Allocution?
The right of allocution allows a defendant to make a statement to the court before sentencing. This is an opportunity to express remorse, provide context for the offense, or highlight mitigating factors that may influence the judge’s decision. While this statement is given directly by the defendant, an experienced attorney will help prepare it to ensure that it has the maximum impact, focusing on themes that may encourage a more lenient sentence.
What is Sentencing Mitigation?
Sentencing mitigation at the Barone Defense Firm includes a nuanced and powerful approach to securing reduced sentences by presenting a comprehensive and compelling narrative evidence about the defendant’s life, character, and circumstances. At the Barone Defense Firm, we are nationally recognized for our expertise in this critical area of advocacy.
Our sentencing mitigation team is led in part by attorney Doug Passon, who serves as of counsel to the firm. Doug is a nationally renowned documentary filmmaker and a pioneer in leveraging storytelling techniques to humanize clients and persuade courts toward leniency. This unique blend of legal acumen and creative artistry sets the Barone Defense Firm apart, ensuring that every client benefits from a deeply personalized and persuasive sentencing strategy.
If I Lose Can I Appeal My Criminal Conviction?
In a criminal case, an appeal is not a retrial but rather a legal review of the trial court’s proceedings to determine if any legal errors affected the outcome. A jury’s verdict itself cannot be appealed simply because the defendant disagrees with it; rather, appeals must be based on specific legal grounds.
These may include judicial errors, such as improper jury instructions or the wrongful admission or exclusion of evidence, prosecutorial misconduct, such as withholding exculpatory evidence or making prejudicial statements, or ineffective assistance of counsel, meaning the defense attorney’s performance was so deficient that it violated the defendant’s right to a fair trial.
The appellate court reviews the trial record, written briefs, and sometimes oral arguments to decide whether the errors were significant enough to affect the verdict. If an appeal is successful, the court may order a new trial, modify the sentence, or even dismiss the charges, depending on the nature of the legal violation.
What is Due Process?
Due process is the constitutional guarantee that the government must follow fair procedures before depriving an individual of life, liberty, or property. It ensures fundamental rights such as notice of charges, a fair trial, and the right to confront witnesses, as reaffirmed in Crawford v. Washington, 541 U.S. 36 (2004), which held that the Sixth Amendment’s Confrontation Clause guarantees a defendant the right to cross-examine testimonial witnesses.
Why Does Due Process Exist?
At its core, due process exists to ensure that the government—through its vast power to arrest, prosecute, and punish—does not arbitrarily deprive individuals of life, liberty, or property. The idea is simple: before the state can take away your freedom or, in extreme cases, your life, it must follow a fair and consistent process. This is not a trivial safeguard; it’s what separates a system of justice from a system of tyranny.
Due process prevents abuses of power. It ensures that legal proceedings are fair, that defendants are heard, that the rules are transparent, and that the state must prove its case according to established standards. It’s the legal embodiment of the principle that it’s better for ten guilty people to go free than for one innocent person to be wrongfully convicted.
Where Does Due Process Comes From?
Due process is enshrined in the Fifth Amendment (applicable to the federal government) and the Fourteenth Amendment (which extends it to the states) of the U.S. Constitution. The Fifth Amendment states:
“No person shall … be deprived of life, liberty, or property, without due process of law.”
Similarly, the Fourteenth Amendment, ratified after the Civil War, extends this requirement to state governments:
“Nor shall any state deprive any person of life, liberty, or property, without due process of law.”
Due process, however, did not originate in America. It is rooted in English common law, tracing back to the Magna Carta of 1215, where King John agreed that no free man could be imprisoned or stripped of his rights without “the lawful judgment of his peers or by the law of the land.” This principle carried through centuries of Anglo-American jurisprudence and remains the bedrock of criminal law.
What Does Due Process Entail?
There are two types of due process: procedural and substantive.
1. Procedural Due Process
Procedural due process is about fair procedures—the how of the law. It ensures that before the government takes action against an individual, it follows fair steps. This includes:
- Notice of the charges – You have a right to know what crime you are accused of.
- A fair and impartial hearing – A trial where evidence is presented, and a neutral decision-maker (judge or jury) decides your fate.
- The right to counsel – You must be given an attorney, even if you can’t afford one (Gideon v. Wainwright, 1963).
- The right to confront witnesses – You can cross-examine those testifying against you.
- The right against self-incrimination – You cannot be forced to testify against yourself (Fifth Amendment).
- The right to appeal – You can challenge a wrongful conviction or unfair procedure.
These safeguards prevent wrongful convictions and protect individuals from government overreach.
2. Substantive Due Process
While procedural due process ensures fair methods, substantive due process ensures fair laws. The government cannot create laws that infringe on fundamental rights unless it has a compelling justification. For example, the Supreme Court has held that laws criminalizing private consensual activity or denying fundamental rights like marriage or bodily autonomy must meet strict scrutiny.
How Can An Attorney Help?
Facing a criminal charge is a serious matter, whether it’s a DUI/OWI or another offense. Each step of the process presents opportunities for legal challenges, negotiations, and defense strategies. An experienced attorney can guide you through these steps, ensuring your rights are protected and working toward the best possible outcome.
For skilled representation in DUI/OWI cases and other criminal matters, contact the Barone Defense Firm for a consultation. We are here to help you navigate the complexities of the legal system with confidence.