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Understanding Your Rights When Facing Criminal Charges in Michigan
A criminal charge in Michigan can put your freedom, reputation, career, family, and future at risk. The decisions made in the hours and days after an arrest can affect the direction of the entire case. Understanding your rights, the charges against you, and the criminal court process is one of the most important steps you can take.
Michigan criminal cases generally begin in district court, where arraignments, misdemeanor matters, and the early stages of felony cases are handled. Felony cases that proceed beyond the preliminary stages are heard in circuit court. The exact court, prosecutor, and procedures involved depend on where the alleged offense occurred and the charges filed.
If you have been arrested, charged, or told that you are under investigation for a crime in Michigan, here is what you need to know.
Ben Hall Law represents clients in criminal matters throughout the Michigan communities the firm serves. If you have been charged with a crime or are under investigation, contact Ben Hall Law today to discuss your situation and the next steps available to you.
Immediate Steps After an Arrest in Michigan
- Remain silent beyond providing basic identifying information
- Request an attorney immediately and do not answer questions until one is present
- Note details as soon as you can—officer name, time, location, and conditions
- Avoid discussing your case on social media or with anyone other than your attorney
- Contact Ben Hall Law as soon as possible
Criminal Charges We Defend in Michigan
Ben Hall Law defends clients across its Michigan service area against a wide range of criminal charges, including:
- Operating While Intoxicated (OWI) and impaired driving
- Assault and aggravated assault
- Domestic violence and personal protection order violations
- Embezzlement and white collar crimes
- Vehicular homicide and OWI causing death
- Minor in possession of alcohol
- Drug offenses
- Sex crimes and criminal sexual conduct
- Probation violations
- Online threats and cyberstalking
Operating While Intoxicated in Michigan
What Michigan’s OWI Law Actually Requires
Michigan’s OWI statute, MCL 257.625, establishes three distinct ways a person can be charged with operating while intoxicated. First, a driver whose blood alcohol content (BAC) is 0.08% or higher is presumed to be operating while intoxicated under the per se rule. Second, a driver who is visibly impaired by alcohol or a controlled substance can be charged with Operating While Visibly Impaired (OWVI), even if their BAC is below 0.08%. Third, a driver who has any amount of a Schedule 1 controlled substance in their system can be charged under Michigan’s zero-tolerance drug OWI provision.
Michigan also has an enhanced “Super Drunk” provision under MCL 257.625(1)(c) for drivers with a BAC of 0.17% or above. This is not a separate offense but a sentencing enhancement that significantly increases the penalties for a first offense.
OWI Penalties in Michigan by Offense Level
Understanding the penalty structure for OWI in Michigan helps illustrate what is at stake:
First Offense OWI:
- Up to 93 days in jail
- Fines between $100 and $500, plus costs and fees
- Up to 360 hours of community service
- Driver’s license suspension for 30 days followed by 90-day restriction
- Possible vehicle immobilization
Second Offense OWI:
- 5 days to one year in jail, with mandatory minimums
- Fines between $200 and $1,000
- License revocation for a minimum of one year
- Vehicle immobilization or forfeiture
First Offense Super Drunk (BAC 0.17% or above):
- Up to 180 days in jail
- Fines between $200 and $700
- License suspension for 45 days followed by 320-day restriction with required ignition interlock device
Third Offense OWI (Felony):
- One to five years in prison
- Fines between $500 and $5,000
- License revocation for a minimum of five years
How OWI Cases Are Defended in Michigan
OWI defense in Michigan involves scrutinizing the prosecution’s evidence at every level. Common defense strategies include:
- Challenging whether the officer had reasonable suspicion to initiate the traffic stop
- Contesting the accuracy of the breathalyzer based on calibration and maintenance records
- Disputing the conditions under which field sobriety tests were administered
- Examining whether blood draw procedures complied with Michigan Administrative Code requirements
- Investigating whether the arresting officer was properly trained in standardized field sobriety testing
A roadside breathalyzer result feels definitive, but it often isn’t. If the device wasn’t properly calibrated or maintained, that number may not hold up—and without a reliable BAC reading, the prosecution’s case looks very different.
Assault Charges in Michigan
The Legal Definition of Assault in Michigan
Assault and assault and battery are distinct offenses under Michigan law. Assault, governed by MCL 750.81, is defined as an intentional act that places another person in reasonable apprehension of an immediate harmful or offensive contact. Assault and battery requires actual physical contact. In practice, both are charged under the same statute and are often referred to collectively as assault.
Michigan law establishes several levels of assault charges based on the circumstances:
- Simple assault and battery (MCL 750.81): a misdemeanor carrying up to 93 days in jail and fines up to $500
- Aggravated assault (MCL 750.81a): a misdemeanor carrying up to one year in jail and fines up to $1,000, applicable when the victim suffers serious injury
- Felonious assault (MCL 750.82): a felony carrying up to four years in prison, applicable when a dangerous weapon is involved
- Assault with intent to do great bodily harm less than murder (MCL 750.84): a felony carrying up to ten years in prison
- Assault with intent to commit murder (MCL 750.83): a felony carrying up to life in prison
What the Prosecution Must Prove in an Assault Case
To secure a conviction for assault in Michigan, the prosecution must prove beyond a reasonable doubt that the defendant committed an intentional act, that the act caused the victim to reasonably apprehend immediate harmful contact, and that the defendant had the present ability to carry out the threatened contact. In assault and battery cases, the prosecution must additionally prove that actual physical contact occurred.
Key defenses available in Michigan assault cases include:
- Self-defense under Michigan’s Self-Defense Act (MCL 780.971), which allows a person to use force to protect themselves from imminent harm
- Defense of others, applicable when force is used to protect a third party from imminent harm
- Consent, in limited circumstances where the contact was mutually agreed upon
- Challenging the sufficiency or credibility of the prosecution’s evidence
Domestic Violence Charges in Michigan
How Michigan Defines Domestic Violence
Domestic violence in Michigan is prosecuted under MCL 750.81 and applies specifically to assaults committed against individuals in a domestic relationship with the defendant. Michigan law defines a domestic relationship broadly to include:
- A current or former spouse
- A current or former dating partner
- An individual with whom the defendant shares a child
- A current or former household member
Domestic violence cases can proceed even when the alleged victim does not want to pursue charges. Michigan law does not give an alleged victim unilateral authority to dismiss a criminal case, and prosecutors may rely on other evidence when deciding whether to continue with a prosecution.
The Legal Consequences of a Domestic Violence Conviction
A first domestic violence conviction in Michigan carries:
- Up to 93 days in jail
- Fines up to $500
- Mandatory participation in a batterer’s intervention program
- A permanent criminal record
- Loss of the right to possess firearms under federal law (18 U.S.C. § 922(g)(9))
A second domestic violence conviction is a misdemeanor carrying up to one year in jail. A third or subsequent conviction is a felony under MCL 750.81(5), carrying up to five years in prison.
A domestic violence case may also involve a personal protection order (PPO) or other court-ordered restrictions. Violating a PPO can create additional legal consequences separate from the underlying criminal charge.
Q: Can a domestic violence charge be expunged in Michigan?
A: Domestic violence convictions are eligible for expungement under Michigan’s Clean Slate Act in certain circumstances, but eligibility depends on the specific offense, the number of prior convictions, and the time elapsed since the conviction. An attorney can evaluate your eligibility.
Q: What is a deferred sentence and does it apply to domestic violence cases?
A: Under MCL 769.4a, a first-time domestic violence offender may be eligible for a deferred sentence, which involves a period of probation and program completion in exchange for dismissal of the charge. Not everyone qualifies, and the court retains discretion over whether to grant deferral.
Polygraph Evidence in Michigan Criminal Cases
The Role of Polygraph Examinations in Michigan Criminal Investigations
A polygraph examination measures physiological responses, including blood pressure, respiration, and galvanic skin response, while a subject answers a series of questions. The underlying theory is that deceptive answers produce measurable stress responses distinguishable from truthful ones. Michigan courts, consistent with the majority of jurisdictions nationwide, do not admit polygraph results as evidence at trial under the Michigan Rules of Evidence.
Despite their inadmissibility at trial, polygraphs remain an investigative tool used by law enforcement in Michigan. Detectives may request that suspects and witnesses submit to polygraph examinations during the investigation phase of a case, before charges are filed. The results can influence investigative or charging decisions even if they cannot be presented to a jury.
Key legal considerations regarding polygraphs in Michigan:
- Polygraph results are inadmissible as evidence at trial in Michigan
- Statements made before, during, or after a polygraph examination may be admissible
- A suspect is not legally required to submit to a polygraph examination
- Agreeing to a polygraph without consulting a defense attorney first carries significant legal risk
- Law enforcement may use polygraph results internally when deciding whether to pursue or escalate charges
Example: A person asked by a detective to voluntarily take a polygraph makes statements during the pre-test interview that contradict an earlier account. The polygraph result may never come into evidence, but the statements made around the examination can create separate problems. Speaking with a defense attorney before agreeing to an examination can help you understand those risks.
Embezzlement Charges in Michigan
What Embezzlement Means Under Michigan Law
Embezzlement is defined under MCL 750.174 as the fraudulent conversion of property by a person to whom it has been entrusted. Unlike theft, which involves taking property without permission, embezzlement involves the misappropriation of property that was lawfully in the defendant’s possession or control. Common embezzlement scenarios include an employee diverting company funds, a bookkeeper misappropriating client accounts, or a fiduciary misusing assets held in trust.
Michigan’s embezzlement statute ties penalties directly to the value of the property taken:
- Less than $200: misdemeanor, up to 93 days in jail
- $200 to $999: misdemeanor, up to one year in jail
- $1,000 to $19,999: felony, up to five years in prison and fines up to $10,000
- $20,000 to $49,999: felony, up to ten years in prison and fines up to $15,000
- $50,000 to $99,999: felony, up to fifteen years in prison
- $100,000 or more: felony, up to twenty years in prison
Elements the Prosecution Must Prove in an Embezzlement Case
To secure an embezzlement conviction in Michigan, the prosecution must prove beyond a reasonable doubt that:
- The defendant was in a position of trust or agency with respect to the property
- The property belonged to another person or entity
- The defendant appropriated the property to their own use
- The appropriation was fraudulent and done with the intent to defraud
The intent element is frequently contested in embezzlement cases. Evidence of authorization, bookkeeping errors, or good-faith belief that the defendant was entitled to the funds can undermine the prosecution’s theory of fraudulent intent.
Vehicular Homicide in Michigan
Michigan’s Vehicular Homicide Offenses
Vehicular homicide in Michigan encompasses several distinct felony charges that arise when a person is killed as the result of how a motor vehicle was operated. The specific charge depends on the conduct involved:
OWI Causing Death (MCL 257.625(4)): applies when a person operating a vehicle while intoxicated causes the death of another. Carries up to fifteen years in prison, fines up to $10,000, and mandatory license revocation.
Reckless Driving Causing Death (MCL 257.626): applies when a person operating a vehicle in willful or wanton disregard for the safety of others causes a death. Carries up to fifteen years in prison.
Moving Violation Causing Death (MCL 257.601d): applies when a moving traffic violation causes the death of another person. Carries up to fifteen years in prison depending on the nature of the underlying violation.
The Importance of Early Legal Intervention in Vehicular Homicide Cases
Vehicular homicide cases involve specialized evidence that must be identified and preserved as quickly as possible. Accident reconstruction analysis, toxicology reports, vehicle event data recorder information, roadway conditions, witness statements, and surveillance footage all play a role in how these cases are built and defended. Once evidence is lost or degraded, it cannot be recovered.
Ben Hall Law acts immediately upon being retained in vehicular homicide matters, engaging with the physical evidence, retaining experts where necessary, and building a defense strategy grounded in the specific facts of each case.
Minor in Possession in Michigan
Michigan’s MIP Law Explained
Michigan’s Minor in Possession statute, MCL 436.1703, makes it unlawful for a person under the age of 21 to purchase, consume, possess, or transport alcoholic beverages. The law applies regardless of where the alcohol was obtained and encompasses a wide range of conduct, including having a measurable amount of alcohol in one’s system.
MIP charges in Michigan commonly arise from:
- Underage individuals found with alcohol at social gatherings
- Traffic stops where the driver or a passenger under 21 has alcohol present
- Incidents at or near schools, parks, or community events
- Situations where a minor’s BAC registers above 0.02% on a preliminary breath test
Penalties for MIP in Michigan vary by offense:
- First offense: fines up to $100, community service, and possible substance abuse education
- Second offense: fines up to $200 and mandatory substance abuse treatment
- Third offense: fines up to $500, with potential misdemeanor classification
First-Time Offender Options Under Michigan Law
Michigan law provides a deferral mechanism for first-time MIP offenders under MCL 436.1703(6). Under this provision, a first-time offender who pleads guilty may be placed on probation rather than convicted. Upon successful completion of the probationary period, the charge is dismissed and the record of the proceedings is sealed. Eligibility for deferral depends on the specific facts of the case and the discretion of the court, and having an attorney advocate for this outcome significantly improves the likelihood of a favorable result.
How Criminal Cases Move Through Michigan Courts
Michigan criminal cases generally follow a defined procedural path, although the exact sequence depends on whether the charge is a misdemeanor or felony and on the court handling the case:
- Arrest: The defendant may be taken into custody by local law enforcement, a county sheriff’s office, or Michigan State Police. This is the point to remain silent beyond required identifying information and request an attorney.
- Arraignment: The defendant’s first formal court appearance. The charges are presented, rights are explained, and bond or release conditions may be addressed.
- Probable Cause Conference:A scheduling conference at which both parties discuss the status of the case and potential next steps.
- Preliminary Examination:The prosecution presents evidence to establish probable cause that a crime was committed and that the defendant committed it. Defense counsel may cross-examine witnesses and challenge the sufficiency of the evidence.
- Bind Over to Circuit Court: If probable cause is established at the preliminary stage, a felony case may be bound over from district court to the appropriate circuit court for further proceedings.
- Pre-Trial Motions:Defense motions to suppress evidence, dismiss charges, or address constitutional issues are heard before trial.
- Trial:The prosecution must prove every element of the charged offense beyond a reasonable doubt.
- Sentencing:If convicted, the judge imposes a sentence in accordance with Michigan’s sentencing guidelines.
Criminal Defense Representation Across Our Michigan Service Area
Criminal cases are handled in the court with jurisdiction over the place where the alleged offense occurred. That means the judges, prosecutors, local procedures, and scheduling practices involved can vary from one Michigan county to another.
Ben Hall Law represents clients in criminal matters throughout the Michigan communities the firm serves. Our approach begins with the facts of the case, the specific charges, and the court in which the matter will be heard—not a one-size-fits-all defense.
As this site expands, our location and court resources will provide more specific information about the communities and courts within Ben Hall Law’s service area.
If you are unsure whether Ben Hall Law handles criminal cases in your area, contact the firm directly and tell us where your case is pending.
Frequently Asked Questions—Michigan Criminal Defense
Here are answers to some of the questions people commonly have after an arrest, criminal charge, or investigation in Michigan.
In Michigan, misdemeanors are offenses punishable by up to one year in jail and are tried in district court. Felonies are offenses punishable by more than one year in prison and are tried in circuit court. The distinction matters because felony convictions carry more severe collateral consequences, including impacts on firearm rights and professional licensing.
At arraignment, the judge sets bond based on factors including the seriousness of the charge, the defendant’s criminal history, and the risk of flight. Bond can be cash, surety, or personal recognizance. An attorney can argue for reduced bond or for release on personal recognizance at the arraignment stage.
Failing to appear in court results in the issuance of a bench warrant for your arrest and potential forfeiture of any bond posted. If you have missed a court date, contact a criminal defense attorney immediately to address the warrant before it leads to additional legal complications.
You are required to provide your license, registration, and proof of insurance when asked. Beyond that, you have the right to remain silent. Field sobriety tests are voluntary—you may decline politely. Refusing a chemical test after arrest, however, triggers Michigan’s implied consent law, which carries an automatic one-year license suspension for a first refusal. If you are unsure what to do at any point during or after a stop, say nothing further and contact an attorney as soon as possible.
Contact Ben Hall Law for Michigan Criminal Defense
If you are facing criminal charges in Michigan, Ben Hall Law is prepared to provide informed, thorough defense representation. Whether you are dealing with an OWI, assault, domestic violence, embezzlement, vehicular homicide, minor in possession, or another criminal matter, we are ready to analyze the facts, explain your options, and build a defense strategy around your specific circumstances. Contact Ben Hall Law today to schedule a confidential consultation.
