What to Do If You Are Arrested in Michigan: A Step-by-Step Guide

Being arrested is disorienting and stressful. Most people have never been through it, and the decisions made in the first hours after an arrest — what you say, whether you consent to searches, when you call a lawyer — can significantly affect the outcome of your case. This guide covers what to expect during and after an arrest in Michigan, what rights you have, and the specific steps you should take to protect yourself.

Step 1: Stay Calm and Do Not Resist

This is the most important practical advice. Regardless of whether you believe the arrest is justified, physically resisting or arguing with the officer will only make your situation worse. Resisting arrest is a separate criminal charge under Michigan law (MCL 750.81d) — a felony carrying up to two years in prison if the officer is not injured, and up to four years if the officer is hurt.

Comply with physical instructions. Keep your hands visible. Do not run, pull away, or make sudden movements. You can and should assert your legal rights verbally, but do so calmly.

Step 2: Understand Your Miranda Rights

If you are in police custody and the officer intends to interrogate you, they are required to read your Miranda rights:

• You have the right to remain silent
• Anything you say can and will be used against you in court
• You have the right to an attorney
• If you cannot afford an attorney, one will be appointed for you

Miranda warnings are required before custodial interrogation. If the officer does not read them and proceeds to question you, any statements you make may be suppressed — meaning the prosecution cannot use them at trial. However, this does not mean the arrest itself is invalid or that charges will be dropped.

Step 3: What to Say — and What Not to Say

You are required to provide basic identifying information: your name, date of birth, and address. Beyond that, you are not obligated to answer questions, and you should not.

Do not:

• Explain your side of the story to the officer
• Try to talk your way out of the arrest
• Apologize or make statements that could be interpreted as admissions
• Consent to searches of your person, vehicle, or home beyond what the officer conducts incident to arrest
• Discuss the case on the phone from jail — those calls are recorded

Anything you say, no matter how innocent it seems, can be taken out of context and used by the prosecution. The time to tell your side of the story is with your attorney present, not at the scene or in the interrogation room.

Step 4: The Booking Process

After arrest, you will be transported to a police station or county jail for booking. The booking process typically includes:

• Personal information — Name, date of birth, address, and contact information
• Photographs (mugshots) and fingerprinting
• Inventory of personal property — Your belongings will be catalogued and stored
• Medical screening — You will be asked about medical conditions and medications
• Assignment to a holding cell to await arraignment

Booking is administrative. You are not required to answer investigative questions during this process. Provide the identifying information requested, but do not volunteer information about the alleged offense.

Step 5: Call a Lawyer

You have the right to make a phone call after being booked. Use it to contact a criminal defense attorney. If you do not have an attorney, call a family member who can find one for you.

Having an attorney involved before arraignment serves several purposes:

• Your attorney can appear at arraignment to argue for reasonable bond conditions
• Your attorney can advise you on what to say and do — and what not to — from the outset
• Early involvement allows your attorney to begin investigating the facts, preserving evidence that may disappear (surveillance footage, witness recollections)
• In some cases, early attorney contact can result in charges being reduced or not filed at all

Step 6: Arraignment

Arraignment is your first court appearance. Under Michigan law, it must occur without unnecessary delay — typically within 24 to 48 hours of arrest. In Oakland County, arraignments for felony and misdemeanor cases are heard at the 52nd District Court divisions or, for cases within the City of Pontiac, at the 50th District Court. Cases bound over for trial in Oakland County proceed to the 6th Circuit Court.

At arraignment, the judge will:

• Read the formal charges against you
• Advise you of your rights, including the right to an attorney and the right to a preliminary examination (in felony cases)
• Ask you to enter a plea — you should plead not guilty at this stage in virtually all cases
• Set bail or bond and any conditions of release

Step 7: Bail and Bond in Michigan

Michigan law provides several types of bond:

• Personal recognizance (PR bond) — You are released on your promise to appear. No money required. Typically available for lower-level offenses with no flight risk.
• Cash or surety bond — The court sets a dollar amount. You can post the full amount in cash (returned after the case concludes, minus fees) or use a bail bondsman who charges a non-refundable fee, typically 10% of the bond amount.
• 10% bond — You post 10% of the bond amount directly with the court. The remainder is owed only if you fail to appear.

The judge considers several factors when setting bond: the seriousness of the charge, your criminal history, ties to the community (employment, family, length of residence), whether you pose a danger to any individual or to the public, and flight risk. Having a defense attorney present at arraignment to argue these factors can make a significant difference in the bond amount and conditions set.

Step 8: After Release — What Comes Next

Once released on bond, you will have upcoming court dates. The next steps depend on whether you are charged with a misdemeanor or felony:

• Misdemeanor cases proceed to pretrial conferences and, if not resolved, to trial in district court.
• Felony cases require a preliminary examination within 14 days of arraignment (unless waived), where the prosecution must show probable cause. If bound over, the case proceeds to circuit court for trial.

Do not discuss the case on social media or with anyone other than your attorney. Do not contact alleged victims or witnesses. Follow all bond conditions without exception.

Frequently Asked Questions About Being Arrested in Michigan