Legal Question in Criminal Law in Michigan

If i destroyed someone's property and they are willing to settle out of court.. can they stop the action of pressing the charges through the court?


Asked on 5/24/16, 12:45 pm

2 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

No. It is up to the prosecutor and the prosecutor alone on whether or not to pursue charges. The victim can offer his input and wishes to the prosecutor, but at the end of the day the prosecutor alone makes that call. The only difference it makes is that restitution will not be a part of the criminal case if it's already been paid for and taken care of.

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Answered on 5/24/16, 8:47 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

I agree with Jared's reply. I am an assistant prosecutor and can tell you that in a property damage incident (not an assault), a prosecutor is more likely to decline to issue charges (or would issue a greatly reduced charge instead) if restitution has been paid in full already. But each prosecutor office sets its own charging standards.

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Answered on 5/25/16, 5:28 am


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