Legal Question in Criminal Law in Michigan

I was arrested in a house raid and was released the next morning because I had nothing to do with the situation. I wasnt charged with anything and I need documentation from the police that I wasnt charged so I can give it to my job and the police station is not providing me this documents and isnt that illegal ? Shouldnt I get some type of document stating I wasnt charged ?


Asked on 1/29/13, 9:44 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

If you were not charged, there may be no documents. You would ultimately need an attorney to force the issue if there was something and they just refuse to give it up.

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Answered on 1/30/13, 4:37 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Other than civil infraction tickets and some very low-level misdemeanors, the police do not charge defendants. A prosecuting attorney (or city attorney or other prosecuting official) makes charging decisions. So, to a large extent, there would not be a document at the police department saying "so-and-so was not charged". And it would also be difficult for the prosecutor to do the same unless the police had presented them with a charge request and the prosecutor declined to issue a charge. (If that happened, there'd be a paper trail and some documentation of the prosecutor's decision.)

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Answered on 1/30/13, 5:37 am


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