Frequently Asked Questions About Criminal Defense in Michigan

I represent clients across West Michigan, including Kent, Ottawa, Allegan, Barry, Van Buren, Ionia, and Newaygo counties. I appear regularly in the 63rd and 61st District Courts in Grand Rapids, 17th Circuit Court in Kent County, 62A and 62B District Courts, 59th District Court in Grandville/Walker, 58th District Court in Holland, 60th District Court in Grand Haven, 56B District Court in Hastings, 57th District Court in Allegan, 64A District Court in Ionia, and the 7th District Court in Paw Paw.

If your case is in any West Michigan court, chances are I’ve been there hundreds of times. That familiarity with local judges and prosecutors gives my clients a real edge. See my full attorney profile for more.

Yes — OWI defense is one of my primary practice areas. I handle all drunk driving and impaired driving charges in Michigan, from first-offense OWI to felony third-offense charges and OWI causing serious injury or death.

I challenge every piece of evidence: the traffic stop, the field sobriety tests, the breathalyzer calibration, the blood draw procedures. Michigan’s OWI statute (MCL 257.625) is complex, and prosecutors make mistakes. I find those mistakes. Visit my OWI defense page or my drunk driving overview for more details on how I fight these charges.

Yes, and I have a high success rate with license restoration hearings. If your license was revoked due to multiple alcohol or drug-related offenses, you can petition the Michigan Secretary of State for restoration after a period of sobriety.

The process requires proving genuine sobriety, presenting a substance abuse evaluation, gathering credible witness letters, and preparing for a formal hearing. Most people who try this without an attorney get denied. I know exactly what the hearing officers are looking for and how to build a case they’ll approve.

Because criminal defense is all I do — every single day. A general practice attorney splits time between divorces, real estate deals, wills, and maybe a DUI here and there. I wake up every morning thinking about criminal law, Michigan statutes, defense strategies, and how to beat the charges my clients are facing.

That focus translates into better outcomes. Our firm has handled over 1,500 criminal defense cases because we know criminal law inside and out. When your freedom is on the line, you want a specialist.

No. Do not talk to the police without an attorney present. Anything you say to law enforcement — no matter how innocent it seems — can and will be used against you in court. Police officers are trained to get you talking, and even casual conversation can produce statements that prosecutors twist against you.

If police want to question you, say these words: “I want to speak with my attorney before answering any questions.” Then call me at 616-438-6719. I’m available 24/7.

Stay calm, stay quiet, and call me. Here’s exactly what to do:

1. Do not resist arrest — even if you believe it’s unjust
2. Do not answer questions beyond providing your name and identification
3. Invoke your rights — say “I want a lawyer” clearly
4. Do not consent to searches of your person, vehicle, or phone
5. Call me as soon as possible at 616-438-6719 — I answer 24/7

Everything you say and do after an arrest can affect your case. The single best thing you can do is keep your mouth shut and let me handle it.

You have important rights during a traffic stop in Michigan:

• You do NOT have to consent to a vehicle search. If an officer asks to search your car, you can say “I do not consent to a search.”
• You can refuse a Preliminary Breath Test (PBT) at the roadside. The penalty is a civil infraction, not a crime. However, refusing a chemical test (breath, blood, or urine) at the station triggers an automatic license suspension under Michigan’s implied consent law.
• You do not have to answer incriminating questions. “Where are you coming from?” and “How much have you had to drink?” are questions designed to build a case against you.
• You should be polite but firm. Provide your license, registration, and insurance. Beyond that, you have the right to remain silent.

The Michigan criminal court process typically follows these steps:

1. Arraignment — You’re formally told the charges against you and enter a plea. Bail is set. I fight for the lowest possible bond or personal recognizance.
2. Pre-Trial Conference — The defense and prosecution discuss the case. This is where I negotiate for reduced charges or dismissal based on the evidence.
3. Preliminary Examination (felonies) — The prosecution must show probable cause. I use this hearing to challenge weak evidence and cross-examine witnesses.
4. Motions — I file motions to suppress illegally obtained evidence, dismiss charges, or limit what the prosecution can present at trial.
5. Trial — If the case goes to trial, the prosecution must prove guilt beyond a reasonable doubt. I challenge every witness, every piece of evidence, and every assumption.
6. Sentencing — If convicted, I argue aggressively for the most favorable sentence under Michigan sentencing guidelines.

Understanding this process reduces fear. I walk every client through each step so there are no surprises. Learn more about the criminal charges we handle.

A felony is more serious and carries harsher penalties, but misdemeanors still have lasting consequences. In Michigan:

• Misdemeanors carry up to 1 year in county jail (some high-court misdemeanors carry up to 2 years), fines, probation, and a criminal record.
• Felonies carry more than 1 year in state prison, larger fines, and more severe long-term consequences for employment, housing, and civil rights.

Both misdemeanors and felonies show up on background checks. Both can cost you a job, a professional license, or housing. That’s why I fight every charge with the same intensity, regardless of classification.

Yes — and this happens more often than people realize. I’ve secured charge reductions and dismissals in cases involving OWI, domestic violence, retail fraud, drug possession, assault, and more.

Common strategies include:

• Challenging the legality of the stop, search, or arrest — if police violated your rights, the evidence gets thrown out
• Attacking the prosecution’s evidence — weak witness testimony, faulty lab results, broken chain of custody
• Negotiating with prosecutors — presenting mitigating factors, rehabilitation, and cooperation
• Filing motions to suppress or dismiss — using procedural and constitutional arguments

Check out my case results page to see real outcomes from West Michigan courtrooms.

A criminal conviction in Michigan affects far more than jail time and fines:

• Incarceration — jail or prison time depending on the charge
• Fines and costs — often thousands of dollars
• Probation — with conditions including drug testing, community service, and restricted travel
• Criminal record — visible on background checks for years or permanently
• Employment — many employers won’t hire people with convictions
• Housing — landlords frequently deny applicants with criminal records
• Professional licenses — convictions can cost you certifications and licenses
• Immigration — non-citizens face deportation risk
• Driving privileges — suspensions or revocations for many offenses
• Gun rights — felony convictions prohibit firearm possession

This is why fighting the charge — not just accepting a plea — matters so much. I look at every possible angle to keep a conviction off your record.

Yes, and Michigan’s Clean Slate Act has made more people eligible than ever before. Under the expanded expungement laws, many convictions that were previously ineligible can now be set aside. Some convictions are even eligible for automatic expungement.

I have a 100% success rate on expungement petitions I’ve filed. If you have old convictions holding you back from employment, housing, or a fresh start, there’s a very strong chance I can help clear your record.

HYTA is a Michigan law that allows people under 26 to avoid a permanent criminal record. Under MCL 762.11, if you were between 17 and 26 when the offense occurred, a judge may assign you to “youthful trainee” status. If you successfully complete probation, the case is dismissed and the record is non-public.

HYTA is not automatic — the judge has discretion, and the prosecution can object. Having an experienced attorney present your case dramatically increases your chances of getting HYTA status. This is one of the most powerful tools in Michigan criminal law for young people.

Absolutely — yes. A misdemeanor conviction carries up to a year in jail, fines, probation, and a criminal record that follows you for years. Employers, landlords, and licensing boards all see misdemeanor convictions on background checks.

People who represent themselves on misdemeanor charges almost always get worse outcomes than those with an attorney. I’ve gotten countless misdemeanor charges dismissed or reduced because I knew the law, the court, and the prosecutor. Don’t gamble with your record.

At sentencing, the judge determines your punishment based on Michigan sentencing guidelines, the facts of your case, and arguments from both sides. The judge considers:

• The severity of the offense
• Your criminal history (or lack thereof)
• Victim impact statements
• Pre-sentence investigation report
• Your attorney’s arguments for leniency

I prepare aggressively for sentencing hearings. I present character witnesses, evidence of rehabilitation, community ties, and employment — everything that shows the judge you deserve the most favorable sentence possible.

Yes — as of 2021, first-offense OWI convictions are eligible for expungement in Michigan. This was previously impossible. Under the amended law, you can petition to have a first-offense OWI conviction set aside after a waiting period, provided you meet all eligibility requirements.

This is a major change that benefits thousands of Michigan residents. If you have an old OWI on your record that’s hurting your employment or housing prospects, call me at 616-438-6719 to discuss your expungement options. I have a 100% success rate on expungement petitions.

Michigan’s Clean Slate Act, effective in 2023, automatically expunges certain eligible misdemeanor and felony convictions after a set waiting period — without you having to file a petition. Eligible misdemeanors are automatically cleared after 7 years, and eligible felonies after 10 years, provided there are no new convictions.

Not all convictions qualify for automatic expungement — serious offenses like sex crimes and crimes punishable by life in prison are excluded. But the Clean Slate Act combined with petition-based expungement means more Michigan residents can clear their records than ever before. Contact me to find out if your record qualifies.

Criminal defense attorney fees vary based on the complexity of the charge, the court, and whether the case goes to trial. Simple misdemeanor cases generally cost less than complex felony cases requiring extensive investigation, expert witnesses, and trial preparation.

At the Criminal Defense Law Center of West Michigan, every consultation is free — and there’s never an obligation. I’ll review your case, explain your options, and give you an honest quote. I believe quality defense should be accessible, and I work with clients to find reasonable arrangements. Call 616-438-6719 to get started.

No. Do not talk to police without an attorney present. Anything you say can and will be used against you in court, even casual statements. Invoke your right to an attorney immediately by saying “I want to speak with my attorney before answering any questions,” then call a criminal defense lawyer.

Yes. Michigan’s expanded expungement laws and Clean Slate Act have made more people eligible than ever. Many misdemeanor and felony convictions can be set aside through petition or automatic expungement after waiting periods. First-offense OWI convictions are now eligible too. An experienced attorney can determine your eligibility.

HYTA allows people who were between 17 and 26 at the time of their offense to avoid a permanent criminal record under MCL 762.11. If you successfully complete probation under youthful trainee status, the case is dismissed and sealed from public view. Judicial approval is required.

The Michigan criminal court process includes arraignment where charges are read and bail is set, pre-trial conferences for negotiation, preliminary examination for felonies, motions to suppress evidence, trial where prosecution must prove guilt beyond reasonable doubt, and sentencing if convicted.

Yes. Since 2021, first-offense OWI convictions are eligible for expungement in Michigan. After meeting the waiting period and eligibility requirements, you can petition to have the conviction set aside. This change benefits thousands of Michigan residents with old OWI convictions affecting employment and housing.