Legal Question in Criminal Law in Michigan

Re: Dropping charges

The fact that the victim wants to drop the charges can help. Although, the prosecutor can still move forward. Please feel free to call my office to discusss the matter further. (248) 737-7000.

Re: Dropping charges

A victim does not control whether a person gets arrested, what a person is charged with (if anything), or if a charge is dismissed or plea bargained.

Police officers decide whether or not to arrest, based on probable cause evidence that the person committed the crime.

A prosecuting attorney decides what, if any, charges to issue. He/She is the chief law enforcement officer for the county, and has statutory & constitutional powers to charge people with crimes. A prosecutor can issue different charges than those for which the police arrested the person.

All crimes are offenses against the community, not just the individual victim. Criminal complaints are prosecuted on behalf of the People of the State of Michigan, not the people who called the police or those who were personally harmed by the defendant's conduct. ONLY the Prosecuting Attorney can issue or dismiss charges. A crime victim does not "press" criminal charges, and does not generally sign the official complaint form. This is important because it takes the responsibility for prosecuting the wrongdoer off the victim's shoulders and puts it on the Prosecuting Attorney's, where it legally belongs.

Likewise, the prosecutor ultimately decides if a charge should be dismissed, not the victim. Therefore, the defendant (or his friends) cannot "pressure" the victim into �dropping the charges�.

But prosecutors need accurate facts to do what serves justice. If your case's witnesses don't offer evidence that the crime occurred, make sure the prosecutor knows. Call or visit the office; talk to the prosecutor handling the case. If the total facts create reasonable doubt, the prosecutor should dismiss the charge.

Also, although the decision whether to prosecute or not prosecute is ultimately up to the prosecutor, the victim's opinion is important and the prosecutor will take those wishes into account when making decisions about the case. Many factors are taken into account when deciding whether to honor a complainant's request not to proceed with a prosecution, including the nature and extent of the defendant's prior criminal history, the severity of the alleged crime, whether the defendant has other pending charges in the criminal justice system, and future danger the defendant poses to the community (including the current victim).