Finding a Lawyer for UM Protester Detained Cases: What You Actually Need to Know

Finding a Lawyer for UM Protester Detained Cases: What You Actually Need to Know

It happens fast. One minute you’re standing on the Diag or near the Alexander G. Ruthven Building at the University of Michigan, chanting with a crowd, and the next, there’s zip ties on your wrists. If you or someone you know is looking for a lawyer for UM protester detained situations, you aren't just looking for a name in a phone book. You’re looking for someone who understands the specific, often volatile intersection of Ann Arbor city ordinances, University of Michigan Regents’ bylaws, and constitutional law.

Being detained during a protest at U-M is different than getting picked up for a random misdemeanor in Detroit. The University has its own police force (DPSS), its own set of rules regarding "disruptive activity," and a very specific relationship with the Washtenaw County Prosecutor’s Office. Honestly, it’s a mess.

The Reality of Being Detained at the University of Michigan

Most people think being detained is the same as being arrested. It’s not. Not exactly. When the DPSS or Ann Arbor Police move in during a campus demonstration—like the high-profile 2024 Gaza encampment clearance or the November 2023 sit-in at Ruthven—they often "detain" individuals to process them and clear the area. You might be held in a transport van, taken to the Washtenaw County Jail, or simply cited and released on the spot.

The legal jeopardy starts the moment they take your ID.

If you're a student, you're fighting a two-front war. There is the criminal side—trespassing, resisting and obstructing, or failure to disperse. Then there’s the administrative side. The University of Michigan’s Office of Student Conflict Resolution (OSCR) moves fast. They don’t wait for a judge to decide if you’re guilty. They can suspend you, kick you out of housing, or withhold your degree while the legal case is still pending.

A specialized lawyer for UM protester detained needs to be someone who can handle both the courtroom and the Dean of Students. You need a shield, not just a suit.


Why the "Standard" Criminal Defense Isn't Enough

Most defense attorneys spend their days haggling over DUIs or retail fraud. Those guys are great at what they do, but they might not understand why a protestor refuses to take a plea deal that includes an admission of guilt. For many activists at Michigan, the "guilt" isn't the point—the principle is.

You need a lawyer who understands the First Amendment. This isn't just "free speech" in a vacuum. It’s about "time, place, and manner" restrictions. The University of Michigan is a public institution, which gives you more rights than if you were at a private school like Harvard, but those rights aren't absolute.

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The Washtenaw County Factor

We have to talk about Eli Savit. He’s the Washtenaw County Prosecuting Attorney. He’s known for being progressive. He has publicly stated that his office generally doesn't want to criminalize non-violent protest. But here is the catch: even if the Prosecutor’s office is hesitant to charge, the University can still push for prosecution. And if the police cite you for a city ordinance violation rather than a state law, it goes to the City Attorney, not Savit.

The legal landscape is a patchwork. It's confusing. Honestly, it's designed to be a bit intimidating.

What Happens in the First 24 Hours?

Usually, if you are detained at a U-M protest, you’ll be processed and released. But "released" doesn't mean "off the hook." You’ll likely receive a "Notice to Appear" or a formal summons in the mail.

  • Do not talk to DPSS. They are nice until they aren't. Anything you say about your "role" in the protest or why you were there can and will be used to prove you had "intent" to disrupt university operations.
  • Document everything. The moment you get your phone back, write down exactly what happened. Who grabbed you? Did they give a dispersal order? Could you hear it? This is what your lawyer for UM protester detained will use to get your charges dropped.
  • Check your email. U-M will likely send an OSCR notice within 48 hours. This is often more dangerous for your future than the actual police record.

You’re looking for specific names. In the past, groups like the ACLU of Michigan or the National Lawyers Guild (NLG) have been heavily involved in Ann Arbor protest movements. The NLG often provides "Legal Observers"—those folks in the neon green hats—and they maintain a referral list for activists.

Specific local firms like NachtLaw or attorneys who have historically defended student rights are your best bet. You want someone who has sat across the table from the U-M Office of the Vice President and General Counsel. That’s a very specific vibe. It’s a mix of academic bureaucracy and high-stakes litigation.

The Cost of Defense

Let’s be real: lawyers are expensive. But for protesters, there are often "solidarity" legal funds. Groups like the Graduate Employees' Organization (GEO) or various student coalitions often fundraise specifically to cover legal fees for those detained. Before you drain your savings, check if there is a collective defense fund active for the specific action you were part of.


The Common Charges: A Quick Breakdown

When you're looking for a lawyer for UM protester detained, you’ll likely be facing one of these three things:

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  1. Trespassing (MCL 750.552): This is the "catch-all." If the University tells you to leave a building or an area and you stay, they call it trespassing. Even if you pay tuition there.
  2. Resisting and Obstructing (R&O): This is a felony in Michigan. It’s serious. It can be triggered by something as simple as tensing your arms when being handcuffed. A good lawyer will fight to get this knocked down to a misdemeanor immediately.
  3. Ordinance Violations: These are "tickets" essentially, but they still show up on background checks.

The University of Michigan also has specific "Standard Practice Guides" (SPGs) that govern behavior. Specifically, SPG 601.30 regarding "Proper Use of University Resources." Violating this isn't a "crime" in the state of Michigan sense, but it’s the basis for being kicked out of school.

Dealing with the OSCR (Office of Student Conflict Resolution)

This is the part most people forget. If you're a UM student, the police are only half your problem. OSCR operates on a "preponderance of the evidence" standard. Basically, if they think it's "more likely than not" that you violated a policy, you're cooked.

You have the right to an advisor in these meetings. That advisor can be a lawyer. Take a lawyer. Do not go into an OSCR hearing alone thinking you can "explain your way out of it" because you were protesting for a good cause. OSCR doesn't care about the cause; they care about the policy.

Actionable Steps If You or a Friend Are Detained

If you find yourself in the back of a police cruiser after a rally on State Street, here is the roadmap:

1. Exercise Your Right to Silence
Say it clearly: "I am exercising my right to remain silent and I want to speak to an attorney." Then, actually be silent. Don't chat with the officers about the weather. Don't argue the politics of the protest. Silence is your best friend.

2. Contact the National Lawyers Guild (NLG)
If there were legal observers at the protest, the organizers likely have an NLG hotline number. Call it as soon as you get your one phone call. They can often track where you are being held and see if a lawyer is already on the way to the jail.

3. Do Not Post on Social Media
This is the hardest part for modern activists. Do not go on X or Instagram and post "I just got arrested for [X] and I'd do it again!" Prosecutors love those posts. They use them to prove you had no intention of following police orders.

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4. Request a Formal Hearing for OSCR
If the University contacts you, do not agree to an "informal resolution" without talking to a lawyer for UM protester detained. Informal resolutions often involve you admitting to facts that can later be used against you in your criminal case.

5. Gather Your Witnesses
Was someone filming? Get that footage. Did the police give a clear warning to disperse? If 50 people say they couldn't hear the bullhorn, the "failure to disperse" charge starts to fall apart.

The University of Michigan has a long history of activism, from the SDS in the 60s to the BAM strikes and current movements. But the administration's patience for disruption has thinned significantly over the last two years. They are using the legal system more aggressively as a deterrent.

Choosing the right legal representation isn't just about avoiding a fine. It’s about protecting your right to dissent without letting that dissent ruin your career or your education. Ann Arbor is a small town with a big university; the legal community knows how these cases go. Find someone who isn't afraid to stand up to the "Block M."

The legal system moves slowly. A trespassing charge might take six months to resolve. An OSCR investigation might take a semester. Stay patient, stay quiet, and let a professional do the talking for you.


Next Steps for Legal Protection:

  • Locate the National Lawyers Guild Michigan Chapter contact info and save it in your phone under an alias.
  • Review the University of Michigan Standard Practice Guide 601.02 to understand the "Statement of Student Rights and Responsibilities."
  • If currently facing charges, contact a local Ann Arbor defense firm that specifically lists "First Amendment" or "Civil Rights" as a practice area.