The illustrated blue chart shows exactly what goes on in nearly every criminal case. I will explain how you get into this, the Judicial Branch of government.. the one that "interprets the law".

Going back to your high school civics classes when you learned, or at least first heard of, "the balance of powers" or "the system of checks and balances," you may recall that we have three separate and distinct branch's of government in this country, to wit: The Executive Branch (President/Governor down to the Military/Police) which enforces the law; The Legislative Branch (Senators and Representatives) which makes the laws; and, The Judicial Branch (Judges, magistrates, prosecutors and defense attorneys) which interprets the law. Each branch has officers as indicated above.. a police officer is an Executive Officer, for example.

A police officer stops you and makes an arrest. This does not mean guilt. It is his or her opinion that you broke the law. He or she takes this opinion to a judicial officer, usually a prosecutor, for an opinion and thereafter, if at all, a warrant is issued. This is taken to a judge or magistrate where it is or is not authorized on the basis of to merit (enough evidence to base an opinion of fact). In smaller more routine cases of a ticket being issued, the accused shows up at an arraignment and the preliminary inquiries are determined then. In any event, the arraignment is the "door bell" to the Judicial Branch where guilt or innocence is determined.. to wit: Did you or did you not break the law? At that point the Police Officer is not longer acting in the capacity of an executive officer, per se. He or she is now a "complaining witness" ..a witness for the People, a witness for the prosecution, who is subject to challenge and cross examination like any other witness by your judicial officer.. the defense counsel.

We strive hard to re-educate you as to the workings of the system and to make you familiar with the landscape that will be yours for the immediate future. We go over your case and prepare you for the rigors of cross examination by the prosecuting attorney. We try hard to eliminate negative surprises. We try hard to challenge you to what you know and do not fully know, what you are sure of and what you suppose, to any area of doubt that your position is exposed to. We are not a "yes man" firm.. we are here to do our job. We attempt to be harder on you than what a prosecutor is allowed to do to you in court, for your survival on a potential day of reckoning.

What To Do When Arrested

When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. You can also be detained by storekeepers if they suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions expect to give your name and address and show some identification if requested.

What rights do I have?

Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested.

Before the law enforcement officer questions you, he or she should tell you that:

You have the right to remain silent. Anything you say may be used against you. You have a right to have a lawyer present while you are questioned. If you cannot afford a lawyer, one will be appointed for you.

These are your “Miranda” rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This not only applies if you volunteer information without being questioned by the police.

Once I am told my rights, can I be questioned?

You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different.

You may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. if you refuse to take the test, you driver’s license will be suspended and the refusal will be used against in your court.

Once you are booked, meaning your arrest is written into official police records and you are fingerprinted and photographed, you have a right to make and complete three telephone calls that are free within the local dialing area.

When should I see a lawyer?

If you are arrested for a crime, particularly a serious one, you should contact your lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. the lawyer also can advise you or your family or friends on the bail process.

Who can arrest me?

All law enforcement officers - such as police officers, county sheriff officers, investigators in a district attorney’s or an attorney general’s offices and highway patrol officers - can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you.

They can arrest you -even if they do not have an arrest warrant- if they have a probable cause or good reason to believe you committed a felony, such as armed robbery (a felony is a crime of a more serious nature then a misdemeanor, usually punishable by imprisonment for more than a year).  They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you except in cases where there is an investigation predicated by an accident.

If you commit a civil infraction, instead of taking you into custody, they may ask to sign a citation or notice.  This is a minor offense, such as a moving violation, where the punishment usually is a fine.  If you sign the citation, you are not admitting guilt:  you are only promising to appear in court.  If you have no identification or refuse to sign, however, an officer may take you into custody.

Can someone other than a police officer arrest me?

Any person, such as a private security guard, can make a citizen’s arrest if they see a misdemeanor being attempted or committed.  A misdemeanor is a criminal offense, usually punishable with a fine or short jail time of up to one year (although there are about five “two year” misdemeanors).  They also can make a legal arrest for a felony as long as it actually was committed and they have good reason to believe you did it.  They must take you to a police officer or judge who is required by law to take you into custody.

When is an arrest warrant used?

Usually a warrant is required before you can be taken into custody in your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property.

The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime.  If your name is unknown, “John Doe” can be used on the warrant -along with your description.
Once an arrest warrant is issued, any law enforcement officer in the state can arrest you -even if the officer does not have a copy of the warrant.  Generally, there is no time limit on using a warrant to make an arrest, but the time delay can be challenged because the accused is prejudiced because of the government’s delay so long as he or she was not a fugitive to avoid process (Bisard Hearing).

Before entering your home, a law enforcement officer can arrest you -even if the officer does not have a copy of the warrant.  Generally, there is no time limit on using a warrant to make an arrest. (See Bisard Hearing, above.)

Before entering your home, a law enforcement officer must knock and identify him or herself and tell you that you are going to be arrested.  If you refuse to open the door -or if there is another good reason -the officer can break through a door or window.  All individuals have a Constitutional right to resist an unlawful arrest with as much force as is being used against them.

If the police have an arrest warrant, you should be allowed to see it.  If they don’t have the warrant with them, you should see it as soon as practical.

The police may search the area within your reach.  If you are arrested outdoors, they may not search your home or car.

Resisting an arrest or detention is a crime.  If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested.  If you resist, an officer can use force to overcome your resistance or prevent your escape.  The officer can even use deadly force if it appears you will use force to cause great bodily injury.  All individuals have a Constitutional right to resist an unlawful arrest with as much force as is being used against them.

When can I be released?

If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release.  Your arrest then will be considered a detention and not recorded as an arrest.

What is bail and how is it set?

The amount of bail or bond money or other security deposit with the court to insure that you will appear is set by a schedule in each county. You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies.  Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for traffic offense.           

Officers at the jail may be able to accept bail.  If you cannot post or put up the bail, you will be kept in custody.  Depending on where you are arrested you may have the opportunity to request a bail reduction through magistrate, district or, later in the proceedings, circuit judges.

When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear (even for traffic tickets), any previous record, your connections to the community, as well as the probability that you will appear in court.  The amount of bail is set according to a written schedule based on your charges.  The law presumes you are guilty of the charges for purposes of setting bail or release.

Instead of paying bail, you might be released on your personal recognizance (PR bond).  This means that you do not have to pay bail because the judge or magistrate believes that you will show up for court appearances without bail.

Who maintains arrest records and what do they include?

Local police departments and the State Department of Corrections (DOC) keeps arrest records. According to the law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background.  This is often referred to as the “Sheriff’s Lien” and is never good evidence in court.  Records of conviction, however, are good evidence to show, for example, MO, and pattern of behavior that is more probative than prejudicial during a ten year time period (except under “Heidi’s Law” where drunk driving can be used against the accused if this is a third matter within a person’s lifetime (now under challenge in two Court of Appeals cases).  The record of convictions is called the “Compiled Criminal History” (CCH), and it is also a lien.

There are three liens:  The Secretary of State Lien (ten year except for drinking and driving convictions), the CCH record of convictions, and the Sheriff’s Lien. 

The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed.  Both pleading guilty and being found guilty after a trial count as convictions.  The CCH also contains an arrest segment.

If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have a conviction removed from your record for such purposes as employment background checks after probation is over. If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record. You must contact the probation officer in either instance to clear your record.

What happens at Arraignment?

You have the right o be arraigned without unnecessary delay -usually within two court days after being arrested. You will appear before a magistrate or district court judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. you also can ask to be released on a PR bond even if bail was previously set.

If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest to the charges.  Legally this is the same as a guilty plea, but it cannot be used against you in a non-criminal case, unless the charge can be punished as a felony.

Before pleading guilty to some first time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of charges if you complete the counseling.

If misdemeanor charges are not dropped, a trial will be held later in municipal court. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing.

What happens at a preliminary examination?

During the preliminary examination, usually within 14 court days of the arraignment, the prosecuting attorney’s office must present evidence showing a probable cause that a felony was committed and that you did it to convince the judge that you should be brought to trial.

You may have a second arraignment. If the felony charges are not dropped at the preliminary examination, you will be arraigned in Circuit court where your trial later will be held.

If you are charged with a crime and unable to understand English, you have a right to an interpreter throughout the proceedings.

When can an officer conduct a search?

An officer always may only make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.

When can an officer search you, your home or your car without a warrant?

Body searches - If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.

Home searches - In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms - and even other parts of the same room - are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs that are in plain sight.

Car searches -Your car can trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason -such as a broken tail light -they can take any illegal goods in plain sight.

If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court.  However, if you or your lawyer does not object to the evidence before trial, the court might allow the evidence to be used.  Even if the judge does decide that the evidence cannot be used against you that does not always mean that your case will be dismissed.

The purpose of this section is to provide general information on the law, which is subject to change.  

If you have a specific legal problem, please give us a call at (517) 337-8100.

As to the Criminal side of our practice, we are a defense firm but have in the past and do today represent victims of crime, usually economic victims, on a civil basis. In a criminal victim situation, we put the aggrieved party in touch with the Michigan Attorney General's office or Federal District Attorney's office for representation which is done at taxpayers expense. However, the representation of the accused is our normal area of advocacy and defense. In so doing, The Williams Law Firm works closely with outstanding forensic experts, medical and specialty experts who are there to offer testimony, and private investigators, many of whom have had a federal or state law enforcement background. These resources, and the skills of decades of experience and training, have resulted in many not guilty verdicts. Many of our cases come from other attorneys who refer their clients to us, and many come to us through word-of-mouth of our past clients. Many of our cases have attracted the attention of the media. If you have been charged with any criminal offense, contact our office to learn how we can defend you effectively. Initial consultations are free of charge.

Let Us Help You

The Williams Law Firm has the experience and expertise to deliver case altering results on behalf of our clients.  The Firm has represented thousands of individuals singled out during criminal investigations and charged with all levels of crimes.  We have successfully tried cases on all kinds of criminal charges, from complicated violence and sex crimes to domestic violence, OWI, assault, weapons cases, theft, the ever popular under 21 set of crimes, and virtually every version of drug cases.  The Firm has prepared hundreds of witnesses for testimony and for appearances before countless court and legal proceedings. We are dedicated to providing our clients with unfailing service from the moment that we become involved to the conclusion of the case no matter how long it takes. 

Comprehensive criminal defense practice

Our criminal defense practice includes:

• White collar crimes
• Drug and alcohol crimes
• Sex crimes
• Violent crimes
• Motor vehicle crimes
• City, Township and local ordinance violations
• Under 21 years of age crimes
• Immigration charges as per moral turpitude issues
• Professional misconduct charges
• Court of Claims charges
• Corporate compliance violations
• Business crimes (embezzlement, larceny by conversion/trick, etc.)

Motivated by the highest standards of professionalism, a passion for justice and a drive to succeed, our attorneys work to deliver results for our clients. Our staff is available to respond to emergencies and can accommodate clients speaking Russian and other Eastern European languages.

Call The Williams Law Firm Today 517-337-8100.

Our results speak for themselves. With a record of success and a practice philosophy that puts respect and compassion at the core of our personalized defense strategies, The Williams Law Firm is a seasoned choice for effective, professional criminal defense.

We believe that everyone deserves access to aggressive and affordable criminal defense.  Call us today to schedule a consultation.

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