Juveniles Tried as Adults in Michigan

Michigan's juvenile court (family division) covers offenses by people under 18 (since October 1, 2021). Juveniles 14 or older can reach adult court in two ways. For a 'specified juvenile violation' (serious crimes listed by statute), the prosecutor may choose to authorize an adult complaint and warrant instead of filing a juvenile petition, so the case starts in adult court (automatic waiver). For any other felony, the prosecutor may ask the juvenile judge to waive jurisdiction; after finding probable cause, the judge decides whether waiver serves the best interests of the juvenile and the public, giving the most weight to the seriousness of the offense and the juvenile's prior record, and must waive if the juvenile was previously under adult-court jurisdiction.

Michigan's rule on court-appointed lawyers: Under the Michigan Indigent Defense Commission Act, the local indigent criminal defense system determines indigency (including partial indigency) not later than the defendant's first appearance in court, considering income, property, obligations, dependents, employment and training history, and education. A defendant is indigent if unable to obtain competent, qualified legal representation without substantial financial hardship to himself or herself or dependents; substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance (including food assistance, TANF, Medicaid or disability insurance), resides in public housing, earns an income less than 140% of the federal poverty guideline, is serving a sentence in a correctional institution, or is receiving residential mental health or substance abuse treatment. Others receive a more rigorous screening. A partially indigent defendant contributes an amount set under MIDC standards, subject to prompt judicial review. The defendant must apply for indigent defense counsel and establish indigency, with statements made under oath or an equivalent affirmation. No application fee is stated in this section. MCL 780.991(3)

Lawyers set their own fees, and Michigan has rules on how they may charge. See hiring a criminal defense lawyer in Michigan for fee rules, how to check a lawyer's license and free help.

How release before trial works in Michigan: Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail, and the amount of bail shall not be excessive. The court fixes the amount, and in doing so must consider and make findings on the record as to each of: the seriousness of the offense charged, the protection of the public, the previous criminal record and the dangerousness of the person accused, and the probability or improbability of the person accused appearing at trial. If the court allows a 10% deposit bond, the accused may instead post a surety bond, approved by the court, for one-quarter of the full bail amount. For an ordinance violation or misdemeanor, the court may accept surrender of a valid driver's license in place of other security or as a condition of personal-recognizance release. MCL 765.6 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Michigan expungement and record sealing rules.