Do You Need a Lawyer for a Misdemeanor in Michigan?

No rule makes you hire a lawyer, but you have the right to one at every stage of a misdemeanor case. If you cannot afford one and the court might sentence you to jail, even a suspended term, it must appoint one. MCR 6.610(D)(2). The larger question is what a conviction costs you outside the courtroom.

What the right to a lawyer covers

The modern right to appointed counsel in state court started with felonies. Gideon v Wainwright, 372 US 335, 344 (1963), held that a person too poor to hire a lawyer cannot be assured a fair trial unless counsel is provided. Argersinger v Hamlin, 407 US 25, 37 (1972), extended the rule: absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether petty, misdemeanor or felony, unless represented by counsel at trial. Scott v Illinois, 440 US 367, 374 (1979), drew the constitutional line at actual imprisonment, and Alabama v Shelton, 535 US 654, 658 (2002), held that a suspended sentence that may end in actual loss of liberty cannot be imposed unless the defendant had counsel.

Michigan’s court rule looks at what the judge might do instead of what the judge does. Under MCR 6.610(D)(2), an indigent defendant has a right to an appointed attorney whenever the offense requires a minimum jail term or the court determines it might sentence to incarceration, even if suspended. Without an attorney or a waiver, the court may not sentence the defendant to jail or to a suspended jail sentence. At arraignment the court must tell you the offense, the maximum sentence, and your right to a lawyer at all proceedings, including arraignment and trial. MCR 6.610(D)(1). A waiver counts only if you were informed of the right and waived it in writing in the file or orally on the record. MCR 6.610(D)(3). The indigency screening rules in MCR 6.005(B) and (C) also apply in district court. MCR 6.001(B).

What a conviction can cost outside the sentence

Most of what matters in a misdemeanor case is not the jail term or the fine.

• Immigration. If you are not a citizen, a plea that looks minor can carry deportation consequences. The Supreme Court has held that counsel must inform a client whether a plea carries a risk of deportation. Padilla v Kentucky, 559 US 356, 374 (2010).
• Firearms. Federal law makes it unlawful to possess a firearm or ammunition after a conviction for a misdemeanor crime of domestic violence. 18 USC 922(g)(9). Whether a particular Michigan conviction qualifies depends on its elements and the relationship involved.
• Repeat penalties. Domestic assault under MCL 750.81(2) is a misdemeanor with up to 93 days, a fine up to $500, or both. With one qualifying prior conviction the maximum rises to 1 year, a fine up to $1,000, or both, and with two or more it is a felony with up to five years. MCL 750.81(2), (4), (5).
• Your record. A misdemeanor can be set aside after a waiting period, generally three years, or five for a serious misdemeanor or a first-offense OWI. MCL 780.621d(2), (3). Other than one first-offense OWI, an OWI conviction cannot be set aside. MCL 780.621c(1)(d), (3). The statute calls a set-aside a privilege and conditional, not a right. MCL 780.621d(14). I explain the process in my post on whether a felony can be expunged in Michigan, since the same act covers misdemeanors.

Even a first OWI is a misdemeanor, and license consequences follow separately from the court case. Those are covered in what happens after a first OWI arrest. I handle those charges through my OWI defense work in Grand Rapids.

What a lawyer does on a misdemeanor

I read the statute and the maximum penalty first, because that tells me whether jail is possible and which of the consequences above are in play. Discovery comes next. MCR 6.610(E) applies the discovery rules in MCR 6.201 to misdemeanors, and the mandatory disclosures in MCR 6.201(A) apply if the defendant elects to request them, in which case the defendant must disclose in turn. The party receiving a request has 21 days to comply unless the court orders otherwise. MCR 6.201(G). The court can also direct a pretrial conference. MCR 6.610(B).

Many misdemeanors end in a plea, and the court must confirm the plea is understanding, voluntary and accurate and advise you of the rights you give up. MCR 6.610(F). Some cases can end without a conviction. The set-aside act lists deferral and dismissal statutes, among them MCL 769.4a for domestic violence, MCL 333.7411 for drug possession and MCL 762.13 for youthful trainee status. MCL 780.621(2). Eligibility under each is its own question. Before any plea I check it against the consequences listed above.

Not every charge calls for a lawyer. Whether yours does depends on the maximum penalty and those consequences, not on the word misdemeanor. My approach to criminal cases is on my Grand Rapids criminal defense lawyer page. I answer other common criminal-charge questions in my Michigan legal FAQs.

If you are facing a misdemeanor charge in Kent County or anywhere in West Michigan, call my Grand Rapids office at (616) 213-3327 or use the contact page. This post is general information, not legal advice, and reading it does not make me your lawyer.