Arrested in West Michigan? What you do next matters
An arrest in Grand Rapids, Kentwood, Wyoming, or anywhere in Kent County can turn your life upside down in one night. Jail, a record, a suspended license, a job on the line. The decisions made in the first days often shape the whole case.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer, and I defend people accused of crimes throughout West Michigan. I have been a licensed attorney for 16 years and have practiced in Michigan since 2015. Arrests do not keep office hours, so you can contact me 24/7, and every conversation is confidential.
Big-Firm Power. Street-Level Grit. That means I prepare cases with trial in mind, because that is where leverage comes from. Some cases end in dismissal because the evidence or the law will not hold up. Some end in a negotiated result that protects your future. Some go to trial. All of them start with a close read of the police reports, the video and the lab work to see what the evidence actually shows.
Charges I defend in Grand Rapids and across Michigan
Each charge below has its own page with the penalties, defenses and court process for that offense. Find the group that matches your charge and open that page.
Drunk and drugged driving
- Grand Rapids OWI lawyer: first, second and third offenses, high BAC, operating while visibly impaired, drugged driving, and presence of a Schedule 1 controlled substance or cocaine.
- OWI license and implied consent lawyer: the Secretary of State side of an OWI arrest, including the 14-day hearing deadline after a chemical test refusal.
Violence, domestic allegations and protective orders
- Grand Rapids domestic violence lawyer: domestic assault under MCL 750.81 and aggravated domestic assault under MCL 750.81a, including no-contact bond conditions.
- Grand Rapids assault lawyer: assault and battery, felonious assault, assault with intent to do great bodily harm, strangulation and weapons-related violence.
- Grand Rapids PPO violation lawyer: personal protection order violations, contempt, and the stalking charges that can follow.
- Grand Rapids stalking lawyer: stalking and aggravated stalking allegations.
Theft and property crimes
- Grand Rapids retail fraud lawyer: shoplifting and retail fraud charges.
- Grand Rapids larceny and embezzlement lawyer: larceny, embezzlement, receiving and concealing stolen property, and malicious destruction of property.
- Grand Rapids breaking and entering lawyer: breaking and entering and home invasion charges.
Drugs and weapons
- Grand Rapids drug charges lawyer: possession, possession with intent to deliver, delivery, manufacturing and trafficking under the Public Health Code, plus Michigan’s marijuana rules.
- Grand Rapids weapons charges lawyer: concealed pistol violations, felon in possession, and felony firearm, which carries a mandatory consecutive sentence.
Police contact and the first days
- What happens after an arrest in Kent County: the steps from booking to the first court date.
- Grand Rapids resisting arrest lawyer: resisting and obstructing a police officer, including the felony versions.
After the charge: probation, record relief and appeals
- Grand Rapids probation violation lawyer: technical violations, new charges and revocation hearings, plus parole violations.
- Grand Rapids expungement lawyer: set-asides under Michigan’s Clean Slate laws, by application and automatic.
- Holmes Youthful Trainee Act lawyer: eligibility, terms and risks for eligible young defendants.
- Michigan criminal appeals lawyer: appeals of right, leave applications and post-conviction motions after a conviction or sentence.
Ottawa County
- Ottawa County criminal defense lawyer: cases in the Grand Haven, Holland and Hudsonville courts, handled from my Grand Rapids office.
I also defend serious felonies, including offenses with mandatory minimums or life exposure. If your charge is not listed, call me and we will go through it.
Kent County courts: where your case will be heard
Where your case lands depends on the charge. District courts handle misdemeanors and the early stages of felonies. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood, and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships.
A felony starts in district court with an arraignment and a probable cause hearing called a preliminary examination. If the district judge finds probable cause, the case is bound over to the Kent County Circuit Court, the 17th Circuit, where trial and sentencing happen. Circuit judges also hear appeals from district court convictions.
If you are looking for a Kent County criminal defense lawyer in Kentwood or Grandville, the same approach applies. The courthouse changes, and the preparation does not. I also represent people charged in Ottawa County, and I serve those clients from my Grand Rapids office. My Ottawa County criminal defense lawyer page covers those courts.
This matters in practice. Every courtroom has its own routines. And the preliminary examination is a real opportunity: it is the first chance to put witnesses under oath, lock in their testimony, and see the prosecution’s theory before trial.
Michigan OWI: penalties and defenses
Michigan treats drunk and drugged driving seriously, and the consequences escalate fast. I cover this in more depth on my Grand Rapids OWI lawyer page, including license rules and testing challenges. The ranges below come from MCL 257.625 and describe common scenarios. Exact penalties depend on the facts, your record, and the court.
- A first offense carries up to 93 days in jail, a fine up to $500, up to 360 hours of community service, and a 180-day license suspension, with a restricted license typically available after the first 30 days.
- A first offense with a BAC of 0.17 or higher, often called super drunk, carries up to 180 days in jail, a fine up to $700, and a one-year license suspension. A restricted license is not available for the first 45 days and requires an ignition interlock device.
- A second offense within seven years is still a misdemeanor, but it carries a fine of $200 to $1,000 and 5 days to 1 year in jail, 30 to 90 days of community service, or both, a license revocation, and required vehicle immobilization unless the vehicle is forfeited. These are ranges and maximums, not predictions, and they climb with each prior.
- A third offense is a felony with prison exposure, and getting a license back after multiple revocations generally takes a Secretary of State hearing.
The sentence is only part of it. Points, insurance costs, trouble for commercial drivers and licensed professionals, and a conviction that follows you for years all come with it.
How OWI cases get challenged
- The stop. Officers need reasonable suspicion to pull you over. If the stop was unlawful, what followed can be suppressed.
- Field sobriety tests. They are subjective, they depend on footwear, lighting, weather and medical issues, and they are often poorly run or poorly documented.
- Breath testing. The evidentiary breath test requires proper procedure, including an observation period, and a properly maintained instrument. Maintenance and calibration records can be demanded and reviewed.
- Blood testing. Blood draws raise chain of custody, handling and laboratory questions, and they require a warrant or valid consent.
- Operation. The prosecution has to prove you were operating the vehicle. A parked car or an unwitnessed crash can turn on that element.
- Rising BAC. A test taken well after driving can overstate the level at the time you drove, especially if you drank shortly before.
Two proceedings often run at once: the criminal case in court and the administrative license action through the Secretary of State. Miss a deadline in the second and you can lose your license even if the first goes well. I handle both. My page on implied consent hearings and license suspensions explains the deadlines and what each hearing covers.
Drug charges and Michigan’s marijuana laws
Michigan’s Public Health Code sorts controlled substances into schedules and sets penalties by substance, quantity, and whether the charge is simple possession or intent to deliver. Possession is generally charged under MCL 333.7403, and possession with intent to deliver under MCL 333.7401. For penalties, defenses and the marijuana rules in detail, see my Grand Rapids drug charges lawyer page.
Marijuana is treated differently. Under the Michigan Regulation and Taxation of Marihuana Act, adults 21 and older may possess up to 2.5 ounces, with no more than 15 grams of that in concentrate form. At home they may keep up to 10 ounces plus what their plants there produce, with anything over 2.5 ounces in a locked container, and may grow up to 12 plants. Public consumption is still unlawful, and driving while impaired by marijuana is still an OWI offense. Charges still arise from amounts over the limits, sales outside the licensed system, possession by anyone under 21, and impaired driving.
How drug cases get defended
- Suppression. Most drug cases begin with a stop, search or seizure. Without a valid warrant, consent or probable cause, the drugs can be excluded, and that often ends the case.
- Knowing possession. The prosecution must prove you knew of and controlled the substance. Passengers, shared cars and shared homes make this contestable.
- Lab analysis. The state must prove identity and weight through forensic testing. Chain of custody, lab procedure and analyst testimony are all open to attack.
- Intent to deliver. Quantity alone does not prove sale. Packaging, scales, cash and messages are often ambiguous, and the inferences drawn from them can be challenged.
Domestic violence allegations
Michigan police respond hard to domestic calls. Arrest is common. Bond conditions often include a no-contact order that can push you out of your own home. And the charge can be filed even if the alleged victim later wants it dropped, because the prosecutor, not the complaining witness, decides whether to proceed.
A first offense is a misdemeanor under MCL 750.81 with exposure up to 93 days in jail. Repeat offenses and aggravated allegations carry heavier consequences, including felony exposure. Defenses depend on the facts and include self-defense, false or exaggerated accusations, inconsistent statements, and a lack of physical evidence. A conviction also brings firearm restrictions and other collateral consequences, which is why even a misdemeanor deserves a full fight. My Grand Rapids domestic violence lawyer page covers the penalties, deferral and defenses in detail.
Your rights during a police encounter
- You can remain silent. Say clearly and politely that you are exercising your right to remain silent and want a lawyer, then stop talking.
- Once you ask for counsel, questioning should stop. Do not try to explain your way out.
- You can decline a search of your car, phone or home. Declining is not an admission, and it preserves legal challenges.
- Be courteous and do not resist. Arguing or physically resisting creates new charges. Save your objections for your lawyer and the courtroom.
- Call a lawyer before any interview. Investigators are trained to gather evidence, and a friendly conversation is part of that work.
Misdemeanor and felony charges in Kent County: what is at stake
Michigan grades crimes by seriousness. Misdemeanors are generally punishable by up to 93 days, up to one year, or, for a few offenses, up to two years. Felonies are punishable by more than a year in prison and fall into classes with different guideline ranges.
A conviction can reach your job, your housing, your professional license, your immigration status, your firearm rights, and your custody case. The charge on the complaint is only part of the picture. I look at every consequence and work toward a result that protects your future, not just your next sentencing date.
How a Michigan criminal case moves
- Arrest and arraignment. You appear before a magistrate or judge, hear the charge, and bond is set. In a felony case no plea is taken at this stage. In a misdemeanor case a not guilty plea keeps every option open.
- Pretrial and discovery. I get the police reports, video and lab results and evaluate suppression and dismissal motions.
- Preliminary examination in felony cases. The prosecution has to show probable cause, and witnesses testify under oath.
- Motions. Challenges to stops, searches, statements and evidence are decided before trial.
- Negotiation. Outcomes can include dismissal, reduction, deferral programs, or a plea agreement. Any offer gets measured against the strength of the case.
- Trial. The prosecution must prove every element beyond a reasonable doubt.
- Sentencing. If there is a conviction, the fight continues through the presentence report, the guidelines and the hearing.
Facing charges in Kent County? Call me at (616) 213-3327.
Questions I hear from people charged in Grand Rapids
Do I need a lawyer for a misdemeanor in Michigan?
A misdemeanor is still a crime, and the consequences described above can follow a conviction on one, including jail time. That is why I think it is worth talking to a misdemeanor lawyer before your first court date. A lawyer can look at the evidence and the stop or search that produced it, and explain what a plea would mean for your record and your future.
Should I talk to the police if I am arrested in Grand Rapids?
You can be polite, give your name, and say clearly that you are exercising your constitutional right to remain silent and want an attorney before you answer questions about what happened. Officers are allowed to use techniques that make talking feel like the fastest way to clear things up. It almost never is. Anything you say can be used against you, and statements made before you speak with counsel are the most common source of avoidable damage in criminal cases.
What is the difference between OWI and OWVI in Michigan?
OWI applies when you drive with a bodily alcohol content of 0.08 or higher, when alcohol or drugs substantially affected your ability to drive, or when you have any amount of a Schedule 1 controlled substance or cocaine in your body. OWVI, operating while visibly impaired, is the lesser offense: your ability to drive was lessened to the point that a reasonable person would notice. It carries lower penalties and fewer license sanctions. One charge is sometimes negotiated down to the other, which is why the evidence in the original case matters.
I refused the chemical test. What happens now?
Refusing after a lawful OWI arrest triggers an administrative penalty through the Secretary of State that is separate from the criminal case. Under Michigan’s implied consent law, a first refusal means a one-year license suspension and six points, with a longer suspension for a second refusal within seven years. You have 14 days to request an implied consent hearing. Miss it and the suspension takes effect automatically.
The hearing is narrow. It covers only four questions: whether the officer had reasonable grounds, whether you were arrested, whether your refusal was reasonable, and whether you were given the required advisements. An acquittal in the criminal case does not automatically undo a refusal suspension, so both matters need attention at once.
Can a domestic violence charge be dropped if the accuser recants?
Not necessarily. The prosecutor decides whether to continue, not the complaining witness. A recantation can weaken the case and give the defense leverage, but the prosecution may go forward on 911 recordings, body camera footage, photographs, medical records, or statements made at the scene. Do not contact the accuser to ask for a recantation. A no-contact bond condition can turn that call into a new charge, and it can be portrayed as witness tampering. Let your lawyer handle communication.
Can the police search my car during a traffic stop?
Officers can search with a warrant, with your voluntary consent, with probable cause to believe the car holds evidence or contraband, or incident to a lawful arrest in certain situations. You can refuse consent, and a polite refusal does not give them probable cause. In a felony case the officer who searched usually testifies at the preliminary examination, which is the first chance to put the basis for the search under oath. If the search had no valid basis, a suppression motion in district court or the Kent County Circuit Court can exclude the evidence and sometimes ends a drug or weapons case.
How long does a criminal case take in Kent County?
A straightforward misdemeanor in the 61st District Court or another Kent County district court may resolve in a few months. A felony moves through arraignment and a preliminary examination in district court, then is bound over to the Kent County Circuit Court for motions, trial and sentencing, and that path can take a year or longer. The timeline turns on the evidence, whether motions are filed, lab turnaround, and the court’s calendar. I will tell you when waiting helps your case and when it does not. My walkthrough of a Kent County felony case covers each stage in more detail.
What should I expect at my arraignment?
The arraignment is your first formal court appearance. The judge states the charge and maximum penalties, advises you of your rights including the right to an attorney, and sets bond. In a felony case the judge does not ask for a plea at this stage. In a misdemeanor case you may be asked to plead, and a not guilty plea is almost always the right move so your lawyer can review the evidence. Bond is often the most important part. The judge weighs the charge, your record, your ties to the community, and any risk to the public. Having counsel in the room can change the bond conditions.
What is a PPO and how does one work in Michigan?
A personal protection order restricts one person’s contact with another. A domestic relationship PPO covers spouses, former spouses, people who share a child, dating partners and household members. A non-domestic PPO covers stalking and harassment. A judge can issue an ex parte order without a hearing, and it stays in effect for at least 182 days. The respondent then has 14 days after service or notice to move to terminate or modify it, which leads to a hearing. A PPO can restrict contact, entering property, and possessing firearms, and violating one can lead to arrest and a criminal contempt finding, with up to 93 days in jail and a fine of up to $500.
What is the difference between probation and parole?
Probation is a sentence a judge imposes, usually instead of or in addition to jail, supervised by a probation officer under court-ordered conditions like reporting, testing and fees. It generally runs up to two years for a misdemeanor and up to three years for a felony. Some offenses allow longer terms, and a court can extend a felony term in limited circumstances. Parole is supervised release after time actually served in prison, and the Michigan Parole Board decides it, not a judge. A probation violation is heard by the sentencing judge, who may continue, modify or revoke probation. If you are accused of violating, a hearing is coming and preparation matters. I explain what happens at a probation violation hearing in a separate post.
How can a lawyer challenge the state’s drug lab analysis?
The prosecution must prove beyond a reasonable doubt that the substance is controlled and, in many cases, how much of it there is. That rests on forensic testing, and testing can be attacked. I look for gaps in the chain of custody, review lab records and protocols for calibration, quality control and clerical problems, and cross-examine the analyst on method and the possibility of error. In some cases I retain an independent consultant. A broken chain of custody or an unreliable analysis can mean exclusion or reasonable doubt.
What is a no contest plea and why would someone use one?
A no contest plea means you do not admit guilt but accept conviction and sentencing as if you had pleaded guilty. It requires the judge’s permission. Its main value is in related civil cases: a no contest plea generally cannot be used against you as an admission in a later civil lawsuit over the same event, while a guilty plea can. That can matter after a crash that injured someone. It is not available in every case.
How do Michigan’s sentencing guidelines work?
For felonies, the guidelines produce a recommended minimum sentence range through a points system. Prior record variables score your history. Offense variables score the circumstances, such as injury, weapon use and drug quantity. The two scores place the case on a grid and produce a minimum range in months. Since the Michigan Supreme Court’s decision in People v Lockridge, the guidelines are advisory, but a judge must still calculate and consider them, and a departure is reviewed for reasonableness, meaning proportionality to the offense and the offender. The range still anchors most sentences, so winning a fight over even one or two variables can lower it.
Do I have a right to a jury trial for a misdemeanor in Michigan?
Yes. Article I, Section 20 of the Michigan Constitution secures the right to an impartial jury in every criminal prosecution, and that includes misdemeanors. District court misdemeanor juries are typically six people. You can waive the jury and have the judge decide, but only with the consent of the prosecutor and approval of the court, so make that choice deliberately and with advice. Whether a jury or a judge is more likely to see the weakness in your case is a strategic call.
What is the Holmes Youthful Trainee Act and who qualifies?
Under MCL 762.11 and the sections that follow, eligible young defendants can avoid a lasting public conviction. For offenses committed on or after October 1, 2021, the defendant must have been at least 18 and under 26 at the time of the offense. The defendant pleads guilty, and if the offense was committed on or after the 21st birthday the prosecutor must consent. Some offenses are excluded, including felonies punishable by life, major controlled substance offenses, most criminal sexual conduct offenses, and every traffic offense, which includes OWI. Finish probation successfully and the case is dismissed without a conviction and the record is nonpublic, though not erased. A violation can revoke the status. Offenses committed before October 1, 2021 fall under the older age range. Because the plea is a guilty plea and the status is discretionary, this decision needs care.
Can I get my criminal record expunged in Michigan?
Possibly. Michigan’s Clean Slate laws expanded eligibility and created an automatic process. Under the application process, a person may ask a court to set aside up to three felony convictions and any number of misdemeanors, with no more than two assaultive crimes in a lifetime after finishing all terms of the sentence and waiting out a period that runs from completion of the sentence. Waits are longer for felonies than misdemeanors, with extra limits for assaultive crimes. Some offenses are never eligible, including those punishable by life, most criminal sexual conduct offenses, and certain traffic offenses that cause injury or death. OWI convictions are generally barred from being set aside, with a narrow exception for a first violation, which is one more reason to fight an OWI charge from the start.
Separately, since April 2023 the state automatically sets aside certain eligible convictions after a long waiting period, with no application, for people with no intervening convictions. Automatic relief has narrower limits, so someone who does not qualify automatically may still qualify by petition. I can review your record, confirm eligibility and prepare the application, which a prosecutor can contest at a hearing. My post on felony expungement in Michigan explains the bars and the waiting periods.
How are fees handled in a criminal case?
The fee depends on the charge, whether it is a district court misdemeanor or a felony that can end up in the Kent County Circuit Court, and how likely the case is to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me. If you cannot afford counsel, the court, or the appointing authority if the county has one, screens you for appointed representation.
Related Michigan practice areas
If you or someone you know was just arrested, my page on what happens after an arrest in Kent County explains the steps from booking to the first court date. Criminal charges often overlap with other problems. If police force, an unlawful search or a rights violation is part of your story, see my Michigan civil rights page. If someone was injured, a claim may follow, covered on my Grand Rapids personal injury page. If you were convicted and need to challenge the conviction or sentence, see my Michigan criminal appeals page, and for civil appeals and appeals generally, my Michigan appeals page. Related civil matters are on my civil litigation, business litigation and real estate pages. More quick answers are on the Michigan legal FAQs page.
For short answers with the statute or court rule behind each one, see my Michigan legal FAQs on criminal charges in Michigan, including drug and marijuana charges, assault, domestic violence and stalking, weapons, resisting arrest and sex offenses, and theft, fraud, robbery, burglary and arson. For how a case moves through the courts, from arrest and bond through pleas, trial, sentencing and probation, see the criminal court process FAQs. For drunk driving, see the OWI and drunk driving FAQs.
Why people hire me as their Grand Rapids criminal defense lawyer
Here is how I work with clients. I handle your case myself and stay in direct contact from the first call to the last day. Trial preparation shapes how I approach a case, because negotiating leverage comes from being ready to try it. You can contact me 24/7 when an arrest or police contact happens. And I tell you the strengths and weaknesses of your case plainly, including what a conviction would mean.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan criminal law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.