Criminal offenses often entail severe punishments, such as heavy fines, probation and imprisonment for several years.
Therefore, working with a criminal defense lawyer is prudent if you are ever charged with a crime.
Forbes Advisor has prepared a list of the best criminal defense lawyers in Detroit to help you find the city’s best legal assistance.
- Best Criminal Defense Attorneys in Detroit, MI
- Compare Top Criminal Attorneys
- What Is a Criminal Defense Lawyer?
- Understanding the Legal Process for Criminal Cases
- Expungement in Michigan
- How to Choose the Best Criminal Defense Lawyer in Detroit
- Detroit Criminal Defense Resources
- Methodology
- Frequently Asked Questions (FAQs)
Best Criminal Defense Attorneys in Detroit, MI
Compare Top Criminal Attorneys
What Is a Criminal Defense Lawyer?
A criminal defense lawyer is an attorney with legal knowledge and experience to defend people charged with a crime, including misdemeanors or felonies. They may represent clients accused of any crime or have specialization in certain criminal offenses like a DUI or sexual assault.
If you are charged with a criminal offense, having a criminal defense lawyer by your side is a good idea. They can help you navigate the legal system, keep track of the deadlines, gather evidence, negotiate with the prosecutors and prepare a strong case to get your charges dropped, prove your innocence or minimize your sentence.
Public Defender vs. Private Criminal Attorney
Both public defenders and private criminal attorneys defend people charged with criminal offenses. The difference lies in the fact that public defenders are employed by the state and are assigned to represent eligible defendants if they cannot afford to hire a private criminal attorney.
If the defendant is charged with a crime that can lead to imprisonment upon conviction and cannot hire a competent legal representation on their own without financial hardship, the court will appoint a public defender for them.
If the defendant is receiving personal public assistance, serving a sentence or receiving residential treatment in a mental health or substance abuse facility, they are considered eligible to obtain the services of a public defender. In other cases, the defendant will be subjected to further screening processes to determine their status as an indigent or partially indigent person.
Should You Represent Yourself In a Criminal Case?
The Constitution of Michigan recognizes the right of any party to represent themselves in court without the assistance of an attorney. The courts will allow a defendant to exercise their right to self-represent if the court is convinced that this decision is unequivocal and made intelligently and voluntarily.
Before permitting the defendant to waive the right to be represented by a lawyer, the court should:
- Inform the defendant of the charges, maximum imprisonment, mandatory minimum prison sentence and risks involved in self-representation.
- Offer the opportunity to consult with a private lawyer or a public defender before making the final decision.
While it can save some money, self-representation can ultimately prove to be much more expensive. When you choose to self-represent, the judge will treat you like an attorney and will not provide additional guidance every step of the way. Therefore, having a criminal defense lawyer by your side can make things easier for you. Since the stakes may involve imprisonment for years, you should talk to a few lawyers before making a final decision.
Understanding the Legal Process for Criminal Cases
- Arrest. After a crime is committed, the police can arrest the defendant at the scene or after an initial investigation to determine the probable cause and obtain the arrest warrant.
- Arraignment. You appear in front of a judge for the first time at the arraignment hearing. Here you are informed of your charges and your right to be represented at public expense based on your eligibility. The judge can also set a bail amount for your possible release and a date for the next hearing.
- Preliminary Exam: This hearing is scheduled within 21 days from the arraignment and is held before a District Court Judge. During the proceeding, the prosecution provides evidence to prove that a crime was committed and you may have committed it. If the judge believes there is probable cause, your case will proceed to trial. This hearing is only conducted for felony charges and the defendant has the right to waive it.
- Plea Hearing. If the prosecutor has offered a plea deal that you are willing to accept, the court will conduct a plea hearing where the judge will make sure you are willingly giving up your right to take the case to trial. You may accept your guilt during this hearing and the case will not proceed to trial.
- Trial. You have the option to have a trial by jury or judge. The final decision is made as per the agreement between both parties. If you are tried by a jury, both parties get an opportunity to question the jurors during the jury selection process. Once the trial starts, both the parties are given the opportunity to present their case and the prosecutor must prove your guilt beyond any reasonable doubt to win a conviction.
- Sentencing. If you are found guilty or you pleaded guilty during the plea hearing bypassing trial, your sentence will be communicated during this stage. Your punishment will depend on several factors, including your previous criminal history.
Resolving a Criminal Case in Michigan
A criminal case can be resolved with a dismissal, plea bargain for a lesser punishment, acquittal or conviction. Since the state wants to avoid a lengthy and expensive trial to avoid overburdening the judicial system, prosecutors often offer fair plea deals to the defendants before the trial begins. If the prosecutor has sufficient evidence against you, pleading guilty in exchange for a reduced penalty can be a good option for you.
If you plead guilty or are found guilty in the trial, you will have to appear for a sentencing hearing, where the judge will inform you about your penalties. Before this hearing, a probation officer from the Michigan Department of Corrections prepares a Pre-Sentence Investigation Report that is taken into consideration to determine your final sentence. This report contains information about your crime, criminal history, background and sentence recommendation.
You may receive probation or a combination of probation and some jail time as your punishment. In most cases, you will receive probation for a maximum of three years for felonies (except for murder, armed robbery, treason, criminal sexual conduct, some controlled substance offenses and felonies involving a firearm) and two years for misdemeanors.
If you are given a prison sentence, you become eligible to get a release on parole after serving the minimum prison time imposed by the court. It could be less if you have accumulated good time and disciplinary credits. The final decision of your release is made by a three-member panel of the Parole Board, except for persons serving life sentences.
You are released on parole with conditions you must follow to avoid punishment or imprisonment. You will be under the supervision of a parole agent who will make sure you follow these requirements. Some of the general conditions for parole are:
- Regular reporting to the parole agent
- Out-of-state travel prohibition
- Maintaining employment
- Obeying laws
- Submitting to drug and alcohol testing upon agent’s request
- Residing at an approved residence
- Prohibition on possessing firearms
Expungement in Michigan
If you are convicted of a crime, it will always show up in your background checks and will hold you back in life until you get an expungement. In Michigan, some of the convictions are automatically expunged after a waiting period of seven years for misdemeanors and 10 years for felony convictions has passed.
For other convictions, you can request an expunction by applying once the waiting period is over. In most cases, you can set aside an unlimited number of misdemeanors and up to three felonies in your lifetime, but these numbers may change for certain types of crimes.
If you are convicted of a crime, you should reach out to a criminal defense lawyer in Detroit to check your eligibility for an expunction. After your records are expunged, they become non-public, meaning they will not appear in your background checks, but some government agencies may still access them in exceptional circumstances. The expunction of your conviction will not remove it from your driving records if the conviction had to do with a motor vehicle and will not affect any restitution you are currently paying for the crime.
How to Choose the Best Criminal Defense Lawyer in Detroit
Working with a good Detroit criminal defense lawyer can multiply your chances of securing a dismissal, acquittal or reduced sentence. Here are a few things you should consider before making the final hiring decision.
- Experience. Criminal defense is a vast area of law that covers different types of cases. You should check your lawyer’s experience in handling similar cases to yours to ensure they are adept at that specific field of criminal defense.
- Fee. You should not hesitate to question your attorney about the total possible cost you may incur. This way you can hire a lawyer who fits your requirements as well as your budget.
- Compatibility. Many criminal defense lawyers in Detroit offer free first consultations. You can use these sessions to understand your lawyer’s temperament and methods. This will help you make an informed decision and work with a lawyer you are comfortable with.
Detroit Criminal Defense Resources
Telephone Crime Reporting – Non-Emergency Calls
To report an incident that has already happened, you can call (313) 267-4600
Guides and Forms
Michigan Statutes and Regulations
Michigan Court Forms
Michigan Legal Self-Help
Public Library Research Database
Important Websites
Detroit Police Department
Wayne County Attorney’s Office
Wayne County Indigent Defense Services
Records
Civil & Domestic Court Records
Criminal History Records
Pro Bono Lawyer Services
Detroit Legal Services Clinic
Detroit Free Legal Aid Clinic
Neighborhood Legal Services Michigan
Legal Aid Directory
Methodology
To come up with the criminal defense lawyers in Detroit of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a criminal defense lawyer cost in Michigan?
A good criminal defense lawyer in Detroit can charge between $200 and $600 per hour. Your final cost will depend on several factors including whether your case gets resolved without a trial or not. If you cannot afford to get a lawyer, the court may assign you a public defender if you are eligible. The judge will inform you about your right to be represented at public expense during your arraignment hearing.
What rights do you lose as a felon in Michigan?
Once you are convicted of a felony, you lose certain rights and privileges. While you are still serving your sentence, you are not allowed to vote, serve on a jury and possess firearms. Once you are released, your rights to vote and serve on a jury are reinstated. But you can only possess, use or transport a firearm after a minimum of three years since your sentence was completed. This waiting period can go up to five years for convictions for violence or drug offenses.
Does a felony ever go away in Michigan?
Except in certain cases, a felony conviction can be expunged from your record. Your conviction will become non-public and not appear in your background checks. Your felony conviction will automatically get expunged after 10 years from the date on which the sentence was imposed or the term of imprisonment was completed, whichever is later. You can get up to two felonies expunged from your record.
You can also apply to get your felonies expunged if you are not eligible for automatic expunction and have less than three felony convictions on your record. If you were convicted of a felony, an experienced criminal defense lawyer in Detroit can help you check your eligibility for an expunction.