Criminal Defense

Michigan Criminal Defense Lawyers Serving Northern Michigan and Statewide

A criminal charge in Michigan changes your life the moment it’s filed. Your mugshot goes online. Your employer gets a call. Your family starts asking questions you don’t know how to answer. And every decision you make in the next few weeks—what you say to the police, whether you show up to your arraignment, who you hire to represent you—shapes what happens for years to come.

At Neumann Law Group, we defend people accused of crimes across Michigan, from OWI and drunk driving charges to felony drug offenses, domestic violence allegations, and serious violent crimes including homicide. Our criminal defense attorneys handle cases in the 86th District Court in Traverse City, the 84th District Court in Cadillac, courts across Northern Michigan, and courtrooms in Grand Rapids and Detroit. We know the judges, we know the prosecutors, and we know how Michigan’s criminal statutes actually get applied in practice—not just what the textbook says.

Whether you’re a college student facing your first misdemeanor or you’re looking at a second felony and real prison time, the goal is the same: protect your record, protect your freedom, and give you a path forward. Call us at (800) 525-6386 for a free consultation, or keep reading to understand how Michigan criminal cases work and what your options actually look like.

What’s the difference between a felony and a misdemeanor in Michigan?

This is usually the first question people ask, and the answer matters more than you might think. Michigan divides criminal offenses into two broad categories, and the distinction affects everything from where your case is heard to whether you could end up in state prison.

Misdemeanors are crimes punishable by up to one year in county jail. Michigan classifies misdemeanors by maximum penalty—a 90-day misdemeanor like a first-offense retail fraud charge is treated very differently than a one-year “high court” misdemeanor like a second-offense domestic violence charge under MCL 750.81(2). Misdemeanor cases are heard entirely in district court.

Felonies carry potential sentences of more than one year in state prison. Michigan groups felonies into eight classes, from Class H (the least serious, with a maximum of two years) up to Class A, which includes crimes like first-degree murder and first-degree criminal sexual conduct—offenses that can carry a life sentence. Felony cases start in district court at the arraignment and preliminary examination stages, then move to circuit court for trial. In Grand Traverse County, for example, a felony OWI charge begins in the 86th District Court but is tried in the 13th Circuit Court.

The practical difference goes beyond jail time. A felony conviction in Michigan strips your right to own or possess firearms under MCL 750.224f. It can disqualify you from professional licenses, bar you from certain housing, and follow you on background checks indefinitely—unless you qualify for expungement under Michigan’s Clean Slate Act. A misdemeanor, while serious, typically leaves more room for a defense strategy that protects your long-term record.

How does a criminal case move through the Michigan court system?

Michigan criminal cases follow a specific sequence, and understanding the timeline helps you make better decisions at each stage.

Arraignment

Within 24 to 48 hours of your arrest (or when a warrant is issued), you’ll appear before a judge or magistrate for arraignment. The court reads the charges, sets bail or bond conditions, and appoints counsel if you can’t afford an attorney. This is also when the judge imposes conditions of release—which can include no-contact orders in domestic violence and sex crime cases, alcohol and drug testing for OWI charges, or GPS monitoring. Violating these conditions can land you back in jail before your case even goes to trial.

Preliminary examination (felonies only)

If you’re charged with a felony, you have the right to a preliminary examination within 14 days of arraignment. The prosecutor presents enough evidence to convince the judge that a crime was probably committed and you probably committed it. The burden here is low—probable cause, not proof beyond a reasonable doubt. But the prelim is still valuable. It’s our first chance to cross-examine witnesses, challenge the evidence under oath, and sometimes negotiate a reduction to misdemeanor charges before the case moves to circuit court.

Pretrial and motion practice

Between arraignment and trial, your attorney files motions—to suppress evidence obtained through an illegal search under the Fourth Amendment, to challenge the reliability of a breathalyzer or blood test, to exclude witness statements that were taken in violation of your Miranda rights. This is where experienced defense work makes the biggest difference. A successful motion to suppress can gut the prosecution’s case entirely.

Trial or plea

Most Michigan criminal cases resolve through plea negotiation, but every case should be prepared as if it’s going to trial. Prosecutors negotiate more seriously when they know the defense attorney will actually try the case. If a plea agreement isn’t in your best interest, you have the absolute right to a jury trial on any criminal charge—and we take cases to trial regularly.

Sentencing

If you’re convicted at trial or plead guilty, the judge imposes a sentence guided by Michigan’s sentencing guidelines. For felonies, the guidelines produce a recommended minimum sentence range based on the severity of the offense and your prior record. The judge can depart from the guidelines, but must state reasons on the record. For misdemeanors, the judge has broader discretion.

What are the most common criminal charges in Michigan?

Michigan prosecutors file charges across a wide range of offenses. Here are the categories our Michigan criminal defense attorneys handle most frequently, with links to detailed pages on each:

OWI / DUI

Operating while intoxicated is the single most commonly charged criminal offense in Michigan. Under MCL 257.625, you can be charged with standard OWI (BAC of 0.08 or above), Operating While Visibly Impaired (OWVI, a lesser charge often used in plea negotiations), or Michigan’s “super drunk” offense for a BAC of 0.17 or higher under MCL 257.625(1)(c). A first OWI is a misdemeanor, but a second offense within seven years and any third offense are felonies with mandatory jail time. We also handle OWI cases involving marijuana and prescription drugs, license restoration hearings, and sobriety court eligibility across Northern Michigan.

Drug crimes

Michigan drug charges under MCL 333.7401 through 333.7403 range from simple possession misdemeanors to delivery and manufacturing felonies carrying up to life in prison for the most serious Schedule 1 and 2 substances. Drug crime defense often turns on whether the police had lawful authority to search—a traffic stop that lacked reasonable suspicion or a home search without a proper warrant can result in all the evidence being thrown out.

Assault, domestic violence, and violent crimes

Michigan’s assault and battery statutes cover everything from a simple misdemeanor assault (MCL 750.81) to assault with intent to murder. Domestic violence charges carry unique procedural requirements—mandatory arrest policies, automatic no-contact orders, and enhanced penalties for repeat offenses. For first-time domestic violence defendants, MCL 769.4a provides a one-time deferral option that keeps the conviction off your public record if you complete probation. We also defend clients charged with homicide offenses, from involuntary manslaughter through first-degree murder.

Sex crimes and CSC

Criminal sexual conduct charges under MCL 750.520a through 520g are among the most serious offenses in Michigan. A conviction requires lifetime registration on the Sex Offender Registry under Michigan’s SORA (MCL 28.721–28.736) and can carry up to life in prison. These cases demand immediate, aggressive defense—forensic evidence, witness credibility, and the timeline of allegations all become critical.

Property and financial crimes

Theft offenses—including retail fraud, larceny, and embezzlement—and fraud and white-collar crimes like identity theft, forgery, and insurance fraud make up a significant portion of the criminal docket. Penalties scale with the dollar amount involved, with thresholds at $200, $1,000, $20,000, and $100,000 determining whether the charge is a misdemeanor or felony.

Other charges we handle

Our practice covers the full range of Michigan criminal offenses, including federal crimes prosecuted in the Western District of Michigan, gun and weapon charges, cyber crimes, juvenile offenses, traffic violations, and defense against personal protection orders (PPOs).

Can a criminal charge be kept off my record in Michigan?

Michigan offers several paths to avoid a permanent criminal record—but each has specific eligibility requirements and none of them are automatic at the front end. You need a Michigan criminal defense attorney who knows which option fits your situation.

HYTA—Holmes Youthful Trainee Act

If the offense was committed on or after your 18th birthday but before your 26th birthday, Michigan’s HYTA statute (MCL 762.11–762.14) allows the court to place you on “youthful trainee” status instead of entering a conviction. Complete probation successfully, and the charge never appears on your public record. For offenses committed at age 21 or older, the prosecutor must also consent. HYTA isn’t available for traffic offenses, life-maximum felonies, or most criminal sexual conduct charges, and the judge has discretion to grant or deny it—which means presentation matters. We regularly pursue HYTA status for juvenile and young adult clients in Northern Michigan courts.

Domestic violence deferral

MCL 769.4a allows first-time domestic violence defendants to defer adjudication. You plead guilty or no contest, complete up to two years of probation (including counseling and no-contact compliance), and the charge is dismissed. This deferral is only available once in your lifetime, and the judge must agree to it. If you violate probation during the deferral period, the court enters the conviction.

Expungement under the Clean Slate Act

Michigan’s 2021 Clean Slate amendments dramatically expanded who qualifies for expungement. Under MCL 780.621, you can now petition to set aside up to four felony convictions and an unlimited number of misdemeanors. The “one bad night” provision treats multiple offenses arising from a single incident as one conviction for expungement purposes. Certain misdemeanors are automatically set aside after seven years, and certain felonies after 10 years, with no petition required. If you have a prior marijuana conviction for conduct that’s now legal under the Michigan Regulation and Taxation of Marihuana Act, MCL 780.621e provides a separate expungement pathway.

What should I do if I’ve been arrested in Michigan?

The hours and days immediately after an arrest are when most people make mistakes that hurt their case. Here’s what we tell every client.

Don’t talk to the police beyond basic identification

You have the right to remain silent under Miranda, and you should use it. Anything you say—in the patrol car, at the station, on a jail phone—can be used against you. Politely decline to answer questions and ask for an attorney. This isn’t about being difficult. It’s about not giving the prosecution evidence they don’t already have.

Don’t post about your case on social media

Prosecutors and investigators monitor social media. A photo, a comment, even a check-in at a location can become evidence.

Show up to every court date

Missing an arraignment or a pretrial hearing in Michigan results in a bench warrant for your arrest. It also tells the judge you don’t take the case seriously, which directly affects bond conditions and sentencing. If you have a legitimate conflict, your attorney can request an adjournment—but you can’t just skip it.

Contact a Michigan criminal defense attorney before your arraignment if possible

Bond conditions, initial plea decisions, and the early direction of your case are all set at arraignment. Having counsel at that first appearance gives you a significant advantage.

How do Michigan’s sentencing guidelines work?

Michigan uses a structured sentencing guidelines system for felony offenses. Two main factors drive the calculation: offense variables (severity of the crime—injury to the victim, use of a weapon, vulnerability of the victim) and prior record variables (past convictions and juvenile adjudications). These scores produce a grid that gives the judge a recommended minimum sentence range. Departures are allowed, but must be justified on the record and can be appealed.

For misdemeanors, there are no formal sentencing guidelines. The judge has broad discretion within the statutory maximum, which means your attorney’s presentation at sentencing—mitigating factors, character references, treatment history—carries enormous weight.

Why does it matter where in Michigan my case is filed?

Criminal cases in Michigan are prosecuted in the county where the offense allegedly occurred. That matters because every county has its own prosecutors, judges, and local practices. The way a first-offense OWI is handled in Grand Traverse County (86th District Court) can look very different from the same charge in Wayne County or Kent County.

In Northern Michigan, our attorneys appear regularly in the district and circuit courts across Grand Traverse, Wexford, Manistee, Kalkaska, Leelanau, Benzie, and surrounding counties. We know which prosecutors are open to negotiation on specific charge types, which judges are more inclined to consider diversion programs, and how each court handles scheduling, bond, and probation. That familiarity translates directly into better outcomes—not because we game the system, but because we know how to present your case effectively in the courtroom where it will actually be decided.

For cases in Grand Rapids, our Michigan criminal defense attorneys practice in the 61st District Court and Kent County Circuit Court. In metro Detroit, we handle matters in Wayne, Oakland, and Macomb county courts. Regardless of location, the strategy starts with the same question: what’s the best achievable result for this client, in this court, on these facts?

What role do sobriety courts and diversion programs play in Michigan?

Michigan’s sobriety courts offer an alternative to traditional sentencing for repeat OWI offenders and defendants with substance abuse issues. Grand Traverse County’s sobriety court program is one of the most established in Northern Michigan. Participants plead guilty and agree to intensive supervision—random drug and alcohol testing, mandatory treatment, regular court appearances, and strict compliance with program rules. In return, successful completion can result in a reduced sentence or charge reduction.

Sobriety court isn’t easy. The supervision is demanding, and any violation can result in immediate sanctions including jail time. But for defendants facing a second or third OWI—where a felony conviction and significant prison time are on the table—it can be the difference between incarceration and getting your life back.

Beyond sobriety courts, some Michigan counties offer other diversion programs for first-time offenders, drug courts for non-violent drug offenses, and mental health courts for defendants whose charges are connected to untreated psychiatric conditions. Eligibility varies by county and charge, and the decision to participate should be made carefully with your attorney.

How can I restore my rights after a conviction in Michigan?

A criminal conviction doesn’t have to define the rest of your life. Michigan law provides several mechanisms for restoring rights that were lost at sentencing.

Expungement clears eligible convictions from your public record, which can remove barriers to employment, housing, and education. Under the Clean Slate Act’s automatic provisions, many people are eligible without even filing a petition.

Firearm rights restoration is possible for some felony convictions under MCL 750.224f (felon-in-possession prohibition and restoration)—typically three years after completing all conditions of your sentence for specified felonies, or five years for others. Federal firearm restrictions are separate and more complex, which is why you need an attorney who understands both layers.

Driver’s license restoration after an OWI-related revocation requires a hearing before the Michigan Secretary of State’s Office of Hearings and Administrative Oversight (OHAO). You’ll need to demonstrate sustained sobriety—typically 12 or more months—with supporting evidence including a substance abuse evaluation and letters of support. The denial rate on initial petitions is high—often due to insufficient documentation or failure to demonstrate sustained sobriety—and legal representation substantially improves your chances.

Frequently asked questions about Michigan criminal defense

Q: How much does a criminal defense attorney cost in Michigan? 

A: Fees vary based on the complexity of the charge, whether the case goes to trial, and the court where it’s filed. Neumann Law Group offers free initial consultations so you can understand your options before committing to anything. We’re transparent about costs from the start.

Q: Can I get a court-appointed attorney in Michigan? 

A: If you can’t afford to hire a private attorney, the court will appoint one at arraignment. Court-appointed attorneys are licensed professionals, but they typically carry heavy caseloads. Hiring private counsel means your attorney has the time and resources to focus specifically on your case.

Q: Will a criminal charge show up on a background check before I’m convicted? 

A: In most cases, yes. Michigan arrest records and pending charges are generally accessible through the Internet Criminal History Access Tool (ICHAT). A charge can appear on background checks even if you’re ultimately found not guilty, which is one reason early defense strategy matters.

Q: What happens if I miss a court date in Michigan? 

A: The judge will issue a bench warrant for your arrest. Depending on the charge, your bond may be revoked and you could be held in jail until your next hearing. If you have a conflict, your attorney can file a motion to adjourn before the scheduled date.

Q: Do I need a lawyer for a misdemeanor charge? 

A: Technically, you have the right to represent yourself. Practically, even a misdemeanor conviction creates a permanent criminal record that affects employment, housing, and future sentencing if you’re ever charged again. Legal representation is strongly recommended for any criminal charge.

Q: Can a felony be reduced to a misdemeanor in Michigan? 

A: Yes, in some circumstances. Through plea negotiation, a prosecutor may agree to reduce a felony charge to a misdemeanor—particularly for first-time offenders or cases where the evidence has weaknesses. At the preliminary examination, a judge can also reduce charges if the evidence doesn’t support the felony level.

Q: What’s the difference between probation and parole in Michigan? 

A: Probation is a sentence imposed instead of (or in addition to) jail or prison time—you remain in the community under court supervision. Parole is early release from prison under the supervision of the Michigan Department of Corrections. Violating either can result in incarceration.

Q: How long does a criminal case take in Michigan? 

A: Simple misdemeanors can resolve in weeks. Complex felony cases—especially those involving forensic evidence, multiple defendants, or trial preparation—can take six months to over a year. Your attorney can give you a realistic timeline based on the specific charges and court.

Q: Does Michigan have a “stand your ground” law? 

A: Michigan has a modified self-defense law. Under MCL 780.972, you can use deadly force without a duty to retreat if you’re in your own home (the “castle doctrine”) or if you reasonably believe it’s necessary to prevent death, great bodily harm, or sexual assault. Outside the home, the analysis is more nuanced and fact-specific.

Q: Can marijuana charges still be prosecuted in Michigan? 

A: Recreational marijuana is legal in Michigan for adults 21 and over under the Michigan Regulation and Taxation of Marihuana Act. However, you can still face charges for possession over the legal limit, distribution without a license, use by minors, or operating a vehicle under the influence of marijuana. Prior marijuana convictions for now-legal conduct may qualify for expungement.

Talk to a Michigan criminal defense lawyer today

A criminal charge is serious, but it isn’t the end of the story. The outcome depends on the facts of your case, the court where it’s filed, and the quality of your defense. Our attorneys represent clients across Michigan—from Northern Michigan courtrooms in Traverse City, Cadillac, Kalkaska, and Manistee to Grand Rapids and Detroit. Call (800) 525-6386 for a free consultation, or contact our Traverse City office at (231) 221-0050, Grand Rapids office at (616) 717-5666, or Detroit office at (248) 216-1660.