A criminal charge in St. Clair Shores can turn your life upside down before you’ve even had time to process what’s happening. If you or someone in your family has been arrested or charged, remember this first: a charge is not a conviction. Mihelich & Kavanaugh, PLC has represented clients throughout the Jefferson Avenue along Lake St. Clair area, and we know how disorienting these first few days can feel. We’re here to explain your rights, review what the prosecution actually has, and start building your defense right away.
Your Rights Under Michigan Law
Under both the U.S. Constitution and Michigan law, you have the right to remain silent, the right to an attorney, and the presumption of innocence until the prosecution proves its case beyond a reasonable doubt. Anything you say to police before speaking with a lawyer can be used against you later, even statements that seemed harmless or well-intentioned at the time, which is why exercising your right to counsel early matters so much. Evidence can disappear, witness memories fade, and deadlines for filing motions or challenging evidence start running the moment charges are filed, so acting quickly is one of the most useful things you can do for your own defense.
In St. Clair Shores, like everywhere else in Michigan, these rights apply the moment you’re taken into custody, not just once you’ve been formally charged. Police are required to give a basic Miranda warning before custodial questioning, but that warning doesn’t always come as clearly or as early as people expect, and officers are legally allowed to keep asking questions until you clearly state that you want an attorney. Simply staying quiet isn’t always enough on its own to stop an interview, which is why clearly asserting your right to counsel matters.
How the Firm Approaches Criminal Defense
Our defense process starts with a thorough review of the charges, the evidence the prosecution has gathered, and any procedural issues with how that evidence was collected or handled. Michael Kavanaugh and our team have appeared in courts throughout Macomb County, and we use that experience to negotiate with prosecutors when it serves your interests and to prepare seriously for trial when it doesn’t. We keep you informed at every stage, walking through what each hearing means and what’s likely to happen next, because uncertainty about your own case only adds to an already stressful situation.
Mihelich & Kavanaugh, PLC was founded in 1951 by Joseph E. Mihelich with the goal of combining the resources of a larger firm with the responsiveness of a small one, and that principle still guides how we handle criminal defense matters today. You’ll have direct access to the attorney handling your case, and we make it a priority to return calls promptly, especially in the early days after an arrest when questions tend to come up quickly.
What Sets Our Firm Apart
What sets our approach apart isn’t a gimmick, it’s consistency. You’ll work with the same attorney from your first phone call through the resolution of your case, rather than being passed between unfamiliar staff who need to be caught up every time you call. We return calls promptly, especially in the early days after an arrest, explain the process in plain language instead of legal jargon, and give you honest assessments rather than false reassurance. For most clients facing a criminal charge for the first time, that combination of steadiness and straight talk matters just as much as courtroom skill.
Criminal Charges We Handle
Our criminal defense attorneys represent St. Clair Shores clients facing a wide range of charges, including:
- Drunk Driving- OWI, OWVI, and Super Drunk charges under Michigan’s implied consent law, where blood alcohol level and prior history both affect the stakes.
- Drug Crimes- Possession, delivery, and manufacturing charges that fall across several controlled substance schedules under Michigan law.
- Domestic Violence/PPOs- Defense against domestic violence allegations and representation in personal protection order proceedings.
- Assault- Simple and aggravated assault charges, which carry very different potential penalties depending on how they’re classified.
- Felonies and Misdemeanors- Representation from arraignment through trial for charges of any severity, in district or circuit court as the case requires.
- Juvenile Crimes- Representation for minors facing charges handled through Michigan’s family court system rather than adult criminal court.
- Shoplifting/Theft- Retail fraud and theft charges at every degree, from minor misdemeanors to felony-level allegations.
Whatever the charge, we start with the same first step: a careful review of the evidence and the circumstances of the arrest, since that review shapes every decision that follows.
What to Expect After an Arrest
After an arrest, you’ll typically be arraigned within days, where the charges are read and bond is set. From there, misdemeanor cases move through pretrial conferences and, if needed, a trial, all within the district court. Felony cases start the same way but include a probable cause conference and preliminary examination before moving to circuit court if the case proceeds. Every stage has deadlines for filing motions or challenging evidence, which is why getting an attorney involved early gives you the most room to build a strong defense.
These are general steps, and the exact pace of your case will depend on the specific charge, the court’s schedule, and whether the case resolves through a plea agreement or proceeds toward trial. Misdemeanor cases in Michigan often move faster than felony matters simply because they skip the preliminary examination stage. We’ll give you a realistic sense of pacing once we understand more about the charge you’re facing.
Protecting Your Record Going Forward
Beyond the immediate case, it’s worth thinking early about how a charge might affect your record long-term. Michigan’s expungement laws have expanded in recent years, and depending on the outcome of your case, certain misdemeanor and even some felony convictions may eventually become eligible to be set aside. Eligibility depends on the type of offense, how much time has passed, and whether you have other convictions on your record. We can talk through what that might look like for your situation once your current case is resolved, since planning for that possibility from the start sometimes affects decisions made earlier in the process, like whether to accept a particular plea offer.
Common Questions & Concerns
Most people facing a criminal charge want to know the same things:
Will this show up on my record permanently, could I lose my job, and what’s the realistic range of outcomes here. Those answers depend heavily on the specific charge, your prior record, and the strength of the evidence against you, and we won’t pretend otherwise or promise a particular result. What we can do is give you an honest assessment once we’ve reviewed the details, so you’re making decisions based on facts rather than fear.
We also hear a lot of concern about what happens between the arrest and the first court date, especially when someone doesn’t know whether they need to do anything before then.In most cases, the most useful thing you can do in that window is avoid discussing the case with anyone besides your attorney, including on social media, and gather any documentation or witness information that might support your side before memories fade.
Frequently Asked Questions
Will a criminal charge automatically show up on background checks forever?
It depends on the charge and the outcome. Some resolutions, like certain diversion programs or deferred sentences, can eventually allow for expungement or nondisclosure under Michigan law, while convictions for more serious offenses tend to stay on the record permanently. We can review your specific situation to explain what’s realistic.
Do I need a lawyer if I’m just facing a misdemeanor?
Even misdemeanor convictions in Michigan can carry jail time, fines, and lasting effects on things like employment or driving privileges. Having an attorney review the charges and the evidence often opens up options, like reduced charges or diversion programs, that aren’t obvious without legal guidance.
What happens if I already talked to police before calling a lawyer?
It’s not too late to get help. We’ll review exactly what was said and under what circumstances, since there may be ways to challenge how or when a statement was obtained. The earlier you bring us in after this happens, the more options we typically have to work with.
Can charges be reduced or dismissed before trial?
Sometimes, depending on the strength of the evidence, whether there were procedural issues with the arrest or search, and your criminal history. Prosecutors have discretion to offer reduced charges in many cases, and we regularly negotiate for that outcome when it serves your interests better than proceeding to trial.
Local Courts & Process
Cases arising in St. Clair Shores are typically handled at the 40th District Court, with felony matters moving to the 16th Circuit Court in Mount Clemens. We’ve represented clients through this exact process, and we also help many St. Clair Shores families with divorce and custody matters through our Family Law page, since these two areas of law sometimes intersect within the same household. We also regularly represent clients from the surrounding communities near St. Clair Shores, and that broader experience across Macomb County’s district courts gives us a practical sense of how different judges and prosecutors in this area tend to approach similar charges.
Talk to a Criminal Defense Attorney
If you or someone you love is facing criminal charges in St. Clair Shores, don’t wait to get answers. Call our St. Clair Shores office at (586) 776-1700 or reach out through our Contact page today. We’ll review what you’re facing, explain your rights and realistic options, and start working on your defense right away. The sooner we’re involved, the more options we typically have to work with, so there’s real value in reaching out even before you’re certain what you need. Reaching out doesn’t commit you to anything beyond that first conversation, and understanding your rights and options early often makes a real difference in how the rest of your case unfolds.








