Frequently Asked Questions
A criminal defense lawyer represents people who are being investigated for or accused of crimes. That work can begin before charges are filed and continue through arraignment, pretrial proceedings, motions, negotiations, trial, sentencing, and other stages when applicable. The lawyer’s role includes protecting the client’s rights, investigating the allegations, examining the prosecution’s evidence, identifying legal and factual defenses, advising the client about available options, and advocating for the client throughout the case.
You do not need to wait until formal charges have been filed. If police want to question you, you learn that you are under investigation, a search warrant has been executed, or you have already been arrested or charged, getting legal advice early can help you understand what is happening and avoid decisions that may make the situation more difficult. An attorney may also be able to communicate with investigators or prosecutors on your behalf and begin preserving and evaluating evidence before the case progresses.
Remain calm and do not physically resist, even if you believe the arrest is unjustified. You generally have the right to remain silent and to ask for an attorney. You can clearly tell officers that you do not want to answer questions without a lawyer present. Avoid trying to talk your way out of the situation or explaining the facts of the case while you are in custody. Contact a criminal defense attorney as soon as you are able.
Look beyond slogans and promises about results. Ask whether the attorney regularly handles the type of charge you are facing, who will actually work on your case, how communication is handled, and whether the attorney can explain the risks and options in language you understand. Relevant courtroom experience matters, but so does whether you trust the attorney to give you candid advice rather than simply tell you what you want to hear.
Ben Hall Law handles a broad range of Michigan criminal matters, including OWI and other driving offenses, assault and violent-crime allegations, domestic violence, theft and fraud, drug offenses, homicide cases, and other misdemeanor and felony charges. The firm also has a particular focus on defending police officers, public officials, and other people facing allegations that can threaten both their freedom and their careers.
The consultation is an opportunity to discuss what happened, what you have been charged with or told is being investigated, what stage the case has reached, and what immediate concerns need attention. We can discuss the legal process, potential issues in the case, and what representation may involve. It is also a two-way decision: you are deciding whether Ben Hall Law is the right firm for you, and we are determining whether we are the right firm to take your case.
Important constitutional protections can include the right to remain silent, the right to counsel in circumstances where that right applies, protection against unreasonable searches and seizures, the presumption of innocence, and the prosecution’s burden to prove guilt beyond a reasonable doubt at trial. Which rights are implicated—and what remedies may be available if they were violated—depends on what happened in the individual case.
Yes, some cases end with charges being dismissed or reduced, but no attorney can promise that result. The outcome depends on the charge, admissible evidence, legal issues, negotiations, the prosecutor’s position, and the individual facts. A case may also proceed to a plea, trial, acquittal, conviction, or another resolution permitted by law. The defense should evaluate the available routes rather than assume from the outset that every case will follow the same path.
There is no reliable universal timeline. The charge, court, amount of evidence, motion practice, negotiations, scheduling, and whether the case goes to trial can all affect how long it takes. Some matters resolve relatively quickly; complicated or contested cases can take much longer. Once an attorney understands the charge and procedural posture, they can usually give you a better sense of what the next stages are likely to be.
Being innocent does not make an interview risk-free. Investigators may have incomplete information, may be testing a theory, or may interpret an answer differently from the way you intended it. You generally do not have to prove your innocence by submitting to questioning. If police want to discuss conduct that could expose you to criminal liability, ask whether you are free to leave and consider speaking with a lawyer before giving a statement.
The next steps depend on the charge and circumstances, but a criminal case can involve booking, release or bond decisions, arraignment, pretrial proceedings, discovery, motions, negotiations, and potentially trial and sentencing. Felony and misdemeanor cases do not always follow identical procedures. Your attorney should explain which stage you are in, what deadlines or court appearances are approaching, and what decisions you will need to make.
Both misdemeanors and felonies are criminal offenses, but felonies are generally the more serious category and can expose a person to more severe punishment and collateral consequences. The classification and maximum penalty come from the statute governing the particular offense. Do not assume that a misdemeanor is insignificant: even a lower-level criminal conviction can affect employment, licensing, driving privileges, immigration matters, or other parts of a person’s life depending on the circumstances.
Usually, the decision whether to file or continue a criminal prosecution belongs to the prosecutor rather than the complaining witness. A witness may tell the prosecutor that they no longer want the case to proceed, but that does not automatically end it. If a no-contact order or bond condition is in place, the accused should follow it even if the other person initiates contact or says they want the charges dropped.
Legal fees depend on factors such as the seriousness and complexity of the charge, the anticipated amount of work, and how far the case proceeds. Ben Hall Law will explain the applicable fee structure before representation begins so you can understand the financial commitment. The firm does not promise that one price applies to every criminal case.
Ben Hall Law does not offer an in-house payment plan and generally requires payment up front and bills to be paid when due. We understand that legal fees can be difficult to manage, so the firm works with a third-party company that offers financing for legal fees. Ben Hall Law does not control that company’s approval, terms, or repayment process. Clients may also choose to explore financing through family, a bank, credit union, or another source.
Lawyers have professional duties concerning client confidentiality, and attorney-client privilege can protect certain confidential communications made for the purpose of obtaining legal advice. The rules have limits and exceptions, so if you are concerned about whether a particular communication is protected, ask the attorney directly before sharing it with other people.
This FAQ provides general information, not legal advice for a particular case. Criminal charges and investigations are highly fact-specific, and an attorney should evaluate your individual circumstances before you make decisions about your defense.
Facing a Criminal Charge in Michigan? Talk to Ben Hall Law
If you have been arrested, charged with a crime, or believe you are under investigation, the decisions you make early in the process can matter. Ben Hall has worked criminal cases from multiple sides of the system—as a Michigan police officer, an Ingham County prosecutor, and now a defense attorney. Contact Ben Hall Law to discuss what is happening, what comes next, and how the firm may be able to help.
Consultations are free and confidential.
