What to Do If You've Been Arrested in Michigan: A Defense Attorney's Guide

An encounter with law enforcement can escalate in seconds. Whether you are pulled over on I-94 in Washtenaw County, approached by campus police in Ann Arbor, or confronted at home, understanding and asserting your constitutional rights can shape the outcome of your case before charges are ever formally filed.

1. The Right to Remain Silent: The Fifth Amendment

Under the Fifth Amendment of the United States Constitution and Article 1, Section 17 of the Michigan Constitution, you have an absolute right against self-incrimination.

In Michigan, while you must identify yourself during a lawful stop, you are not required to answer investigative questions. This includes inquiries such as:

• Where are you coming from or heading?
• Have you consumed alcohol or any controlled substances?
• What is inside your vehicle or bags?

Politely and unequivocally state: “I am exercising my right to remain silent and I want to speak with an attorney.” Once invoked, cease all casual conversation with officers. Casual banter or attempts to explain your side frequently turn into admissions used by prosecutors.

2. Search and Seizure Protections: The Fourth Amendment

The Fourth Amendment and Article 1, Section 11 of the Michigan Constitution protect against unreasonable searches and seizures.

Law enforcement generally requires one of the following to search your vehicle, home, or personal electronic devices:

1. A valid search warrant signed by a magistrate or judge.
2. Voluntary consent given by you or an authorized person.
3. A recognized constitutional exception, such as exigent circumstances, search incident to a lawful arrest, or plain view.

You have the constitutional right to decline a request for consent to search. Clearly state: “I do not consent to any searches.” If officers search anyway, do not physically resist—your attorney will challenge the lawfulness of the search in court via a Motion to Suppress Evidence under the exclusionary rule.

3. What to Do During and Immediately Following an Arrest

If officers place you under arrest:

• Remain calm and do not resist physically, even if you firmly believe the arrest is unlawful. Resisting or obstructing an officer is a separate felony under MCL 750.81d.
• Request a lawyer immediately. Reiterate that you will not answer questions or participate in any lineup or interrogation without your attorney present.
• Do not discuss your case on jail phones. Calls from correctional facilities are recorded and regularly monitored by prosecutors.

4. Why Involving Counsel Early Matters

Early involvement by experienced criminal defense counsel allows critical evidence to be preserved—such as 911 audio, dashcam footage, body-worn camera recordings, and witness statements—before it is routinely overwritten or lost.

For over 40 years, the Law Offices of Joseph A. Simon has protected clients throughout Southeast Michigan from the initial arrest through trial. If you or a loved one has been arrested, call (734) 887-6200 for a confidential consultation.