Know Your Rights

Q: Do I have a right to a lawyer?

Yes. You have the right to an attorney, and if you cannot afford one, one will be appointed for you. You can request an attorney at any time — simply say, 'I want to speak to my lawyer.'

Q: Can police search me or my car without a warrant?

In most situations, no. The Fourth Amendment protects you from unreasonable searches, and police generally need a warrant to search. You can refuse consent to a search by saying, 'I do not consent to any searches.'

Q: What should I do if I'm stopped by police?

Stay calm and be respectful, keep your hands visible, and do not resist even if you believe the arrest is wrong. If you are not under arrest, you can ask, 'Am I free to leave?'

Q: What should I do if I'm arrested in Michigan?

Call a criminal defense attorney immediately. The sooner you have an attorney, the better positioned they are to defend your rights.

Understanding your constitutional rights is the first step in any criminal case. Here are some key principles to remember during any interaction with law enforcement.

Your Constitutional Rights During a Police Encounter

Can I refuse to answer police questions?

Yes. You have the right to remain silent and are not required to answer questions — and saying so is never an admission of guilt.

You have the right to remain silent
Anything you say can be used against you
You are not required to answer questions
Clearly state: "I am invoking my right to remain silent"

Do I have a right to a lawyer?

Yes. You have the right to an attorney, and if you can't afford one, the court will appoint one. You can ask for a lawyer at any time.

You have the right to an attorney
If you cannot afford one, one will be appointed
You can request an attorney at any time
Clearly state: "I want to speak to my lawyer"

Can police search me or my car without a warrant?

Usually not. The Fourth Amendment protects you from unreasonable searches, so police generally need a warrant or your consent — which you can refuse.

You are protected from unreasonable searches
Police generally need a warrant to search
You can refuse consent to search
Say: "I do not consent to any searches"

What should I do if I'm stopped by police?

Stay calm, keep your hands visible, and don't resist — even if you think the stop is a mistake. You can ask whether you're free to leave.

Stay calm and be respectful
Keep your hands visible
Do not resist, even if you believe the arrest is wrong
Ask: "Am I free to leave?" if not under arrest

Remember

Exercising your rights is not an admission of guilt. It's protecting yourself legally. You have no obligation to explain yourself or prove your innocence on the street.

If You Are Arrested

Call us immediately. The sooner you have an attorney, the better positioned we are to defend your rights.

(616) 227-3303

Related Resources

Frequently Asked Questions

Get answers to common questions about arrests, court procedures, lawyer costs, and more. Practical information for Michigan criminal cases.

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Legal Disclaimer: The information on this website is for general information purposes only and is not a substitute for professional legal advice. Reading this information does not create an attorney-client relationship.