Legal Question in Criminal Law in Michigan

Witness accounts are evidence-- direct evidence at that. Most people don't think of it that way but that's the way the law sees it. As a matter of fact the majority of evidence presented in courts at contested hearings and trials is eye witness testimony. To this day the British courts say the witnesses are coming to court to give evidence, not testimony.

If there are varying accounts then obviously the police and the prosecutor who reviewed the reports found one side more credible than the others or found the discrepancies trivial or immaterial. After all, there are bound to be some discrepancies and differences in eye witness accounts, it's only natural. If everyone told the exact same story without any variance whatsoever, it would seem suspicious.

I can't comment on the witness accounts in your case because I'm not privy to the information. I wouldn't be able to form any type of opinion until I did see all the police reports and witness statements. If there are significant discrepancies, it can be used to your advantage. If they are big enough, it can be used to convince the prosecutor to either dismiss or offer a better than normal plea offer. It may also be grounds to argue against having the case bound over to trial at the circuit court if it is a felony because the prosecutor must prove probable cause at the preliminary exam at district court.

I would advise you to consult with a lawyer very soon and present all the police reports and witness reports for review. Feel free to contact my office for a free consultation. If it is in an area we don't normally practice in we can usually offer a referral.