This toolkit tells you about what happens after you have been arrested, charged, or convicted of a crime. For general information, read the Articles on this page. Review the Common Questions if you have a specific question. The links under Court Information tell you about the court that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
In general, police need a search warrant to enter any private building or area, or to search electronic materials like your phone or computer. If police do not have a search warrant, you do not have to allow them to enter your home, garage, car, or any other private place not open to the public. If police do have a warrant, you should allow them to search whatever is listed in the warrant. The search is usually limited to the terms of the warrant.
If police witness a crime, they do not need a warrant to conduct a search. If the police do not have a search warrant they might ask you for permission to search. You are not required to give permission.
Different rules apply to searches during a traffic stop. With traffic stops, police might be able to search a car without a warrant if they have probable cause that they will find evidence of a crime.
If you have questions about whether police need a warrant to search something, you should speak with a lawyer. Use the Guide to Legal Help to find lawyers in your area. To learn more, read the “Search Warrants” section of An Overview of a Criminal Case.
If the police arrest you, they must tell or “read” you your “Miranda rights.” The most common version of Miranda rights is: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” You could hear a different version, but it should include the same rights.
The police or prosecutors cannot force you to answer questions after you are arrested. Your right to remain silent is guaranteed by the Fifth Amendment to the U.S. Constitution.
You have the right to have a lawyer present when you are talking to the police or prosecutor. This includes any oral or written statements you make. Your right to a lawyer is guaranteed by the Sixth Amendment to the U.S. Constitution. Michigan law guarantees that anyone suspected of committing a crime who wants a lawyer can get one, regardless of their ability to pay. You must clearly and specifically ask for a lawyer to have one present during police questioning.
To learn more, read I Have Been Arrested or Charged with a Crime.
If you are charged with a crime, your right to a lawyer continues throughout the process. You find out what crime(s) you are charged with at an arraignment. At this point you become the defendant in the case.
When you are arraigned, you have the right to plead “not guilty,” or stand mute (not say anything) and the court will enter a not guilty plea for you. All defendants are presumed innocent until found guilty. That means the prosecutor must present evidence that proves beyond a reasonable doubt that you committed a crime.
You also have the right to present your own evidence and call your own witnesses to help your case. Both you and the prosecutor can subpoena witnesses if necessary.
You have the right to a speedy and public trial. “Speedy” means that there are not unreasonable delays. Criminal trials can take weeks, sometimes months to complete.
To learn more, read I Have Been Arrested or Charged with a Crime.