Man being arrested — Getting arrested is stressful. After 40 years of defending criminal cases, I know that this is one of the most difficult circumstances someone can face. Whether it is your first encounter with law enforcement or not, those first few hours after an arrest can shape the entire outcome of your case.

In Macomb County, Michigan, it is no different, and understanding what to do, and what not to do, is critical to protecting your rights, your reputation, and your future.

In this guide, I lay out the immediate steps you should take after an arrest, what you can expect in the legal process, and why hiring an experienced criminal defense attorney is so important.

Stay Calm and Remain Silent

Those first few moments following an arrest are usually emotionally charged. You may feel angry, scared, or tempted to defend yourself on the spot, but this is when saying less and doing less, is your best defense.

Under the Fifth Amendment, you have the right to remain silent. You are required to provide your name, date of birth, and identification, but you are not required to answer questions about the alleged crime.

Anything you say can be used against you in court, sometimes even casual or offhand comments.

Politely tell the officer:

"I want to remain silent, and I would like to speak with my attorney."

Invoking your right to counsel stops further questioning until your lawyer is present. Exercising this right early can prevent costly mistakes later.

Do Not Resist Arrest

Even if you believe the arrest is unfair or mistaken, resisting, even slightly, can result in additional charges such as resisting or obstructing a police officer. Stay calm, keep your hands visible, and comply with basic instructions. Do not be argumentative, do not run! Keep calm and cooperative at all times.

Your attorney will have opportunities to challenge the legality of the arrest later. Fighting back in the moment only makes things worse.

Understand What Happens After You Are Taken Into Custody

If you are arrested in Macomb County, you will likely be taken to the Macomb County Jail or a local municipal holding facility depending on where the arrest occurred (e.g., Sterling Heights, Warren, Clinton Township, or Shelby Township).

After being booked, fingerprinted, photographed, and entered into the system, you will be held until your arraignment, or released on an interim bond.

At this first court appearance, a judge will:

Read the charges against you,
Inform you of your rights,
Set bond or bail, and
Determine if you qualify for a court-appointed attorney (if you do not have your own).

If you have hired a private criminal defense attorney before your arraignment, they can represent you immediately, request a reasonable bond, and ensure you do not say, or do, anything that could harm your case.

Call a Criminal Defense Lawyer Immediately

Do NOT wait to see what happens before contacting an attorney. The earlier you involve a lawyer, the better your chances of protecting your rights and building a strong defense.

An experienced criminal defense lawyer can:

Attend your arraignment and advocate for a lower bond.
Review the circumstances of your arrest for constitutional violation.
Begin gathering evidence and witness information.
Communicate with prosecutors on your behalf.
Help you understand the next steps and potential outcome of your case.

Even minor offenses can have serious, long-term effects on your record, employment, and reputation. Having the right lawyer at your side can make all the difference between a dismissed case and a conviction. Do not take any chances.

Know Your Rights During the Legal Process

After your arrest, you retain several key rights under Michigan and federal law:

The right to remain silent.
The right to an attorney.
The right to reasonable bail.
The right to a speedy and public trial.
The right to be presumed innocent until proven guilty.
The right to confront witnesses.

If any of these rights are violated—such as evidence obtained through an illegal search or you were questioned without an attorney—your lawyer can file motions to have evidence suppressed or in some cases charges dismissed.

The Stages of a Criminal Case in Macomb County

Each Michigan county follows a similar process, but local courts, like the 41-A, 41-B, and 37th District Courts serving Macomb County, have their own procedures and schedules.

Here is a general breakdown of what to expect:

Misdemeanor Cases

Arraignment
This is your first court appearance. The judge formally reads your charges and sets bail. If you have an attorney, they can often appear with you, on your behalf.

Pretrial Conference
This is where your attorney and the prosecutor discuss possible plea offers or ways to resolve the case. Your attorney may file motions to dismiss evidence or challenge the legality of the arrest.

Preliminary Examination (Felony Cases)
If you are facing a felony, the prosecution must show probable cause that a crime was committed and probable cause that you committed the crime. A strong defense can sometimes lead to charges being reduced or dismissed at this stage.

Trial
If no plea agreement is reached, your case goes to trial. You may choose a bench trial (decided by a judge) or a jury trial. Your attorney presents evidence, cross-examines witnesses, and argues your case before a jury or judge.

Sentencing
If convicted, sentencing follows. Your lawyer can advocate for leniency, alternative sentencing, or probation, depending on the circumstances.

Avoid Common Mistakes After an Arrest

Even outside the courtroom, certain actions can make your situation worse. Here are a few things to avoid:

Talking about your case online or on social media.
Contacting the alleged victim or witnesses.
Ignoring court notices or missing hearings.
Relying on legal advice from friends or the internet.

Prepare for Your First Meeting with Your Attorney

Once you have hired a criminal defense lawyer, come prepared. Bring any documents you received from the police or court—citations, booking paperwork, bond receipts, or property inventory forms. Write down everything you remember about the arrest: what time it happened, who was present, what officers said, and any witnesses.

The sooner you provide this information, the stronger your defense strategy can be.

Know When to Ask for Help

If you or someone you love has been arrested, do not face the system alone. The criminal justice process can be intimidating and unforgiving, but you have rights, and you have options.

A skilled defense lawyer who understands how the local courts operate can provide a roadmap for your next steps. Having someone who knows how to navigate the legal system can make all the difference.

Stay Calm and Call a Criminal Defense Lawyer

Being arrested is overwhelming, but it does not define who you are. What you do in the hours and days that follow can make or break your chances for a better outcome.

Stay calm. Stay silent. Call a lawyer.

If you have been arrested anywhere in Macomb County, including Sterling Heights, Warren, Center Line, Clinton Township, Shelby Township, or Mount Clemens—contact a trusted criminal defense attorney immediately.

Have you or are you facing arrest? Don’t go it alone - call Sal today and protect your future.

Contact Sal

You've Been Arrested, Now What? The Do's & Don'ts When Under Arrest