Legal Question in Criminal Law in Michigan

if i was arrested and not arraigned on the charges i was arrested for but a different one what does that mean


Asked on 11/13/09, 9:39 am

4 Answers from Attorneys

For information about Michigan criminal procedure and law, go to:

www.AggressiveCriminalDefense.com

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Answered on 11/18/09, 1:44 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

It means that a prosecuting attorney did his/her job by reviewing the police investigation and using learned discretion to decide what charges should be issued in the interests of justice. This was a screening process ... a check-and-balance. Police made an initial decision that probable cause existed that you violated one criminal law, but the prosecutor reviewed the facts, your criminal history, etc and decided that something else not only could be issued but should be issued. Prosecutors don't do their jobs if they just rubber stamp the call made on the street by police.

In my experience, police have a good handle in more than half the cases in what the charges can and should be. But sometimes prosecutors issue more serious charges, sometimes less serious ... sometimes issue additional charges/counts based on the facts ... sometimes change the charge(s) to something entirely different.

The prosecuting attorney is the chief law enforcement officer in the county, not the police/sheriff. The prosecutor has the responsibility under law to decide what charges to file (or not file), not police.

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Answered on 11/18/09, 2:10 pm
Daniel Hajji Daniel Hajji & Associates

You may have a 6

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Answered on 11/19/09, 3:37 am
Daniel Hajji Daniel Hajji & Associates

You may have been arrested but the charges may have not been filed by the Prosecutor. You ought to contact the Court to find out if there is any information on you? Did you get a citation? what did you get arrested for? Feel free to contact us to assist you further. 248.865.4700

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Answered on 11/19/09, 3:43 am


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