Legal Question in Criminal Law in Michigan

Re: Criminal Sexual Conduct 4th Degree

With all of the evidence you have, if this case isn't dismissed, somebody is doing something wrong! Check out this web site:

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Re: Criminal Sexual Conduct 4th Degree

It's impossible to judge how compelling your evidence is from what you say in your message. You think it's bombshell evidence, but it might not be.

I assume that you have your own attorney already? If not, WHY not?! Regardless of what evidence you have in your hands, you should not try to defend yourself.

Has a preliminary exam in the district court been held yet? THAT would be an evidentiary hearing where the PA's and your evidence could be weighed by a district court judge. Granted, the burden of proof is low for the prosecutor here (probable cause that the elements are proved ... including that you committed it), and a decision in the PA's favor simply sends the case to circuit court for trial. But that is a chance to confront the victim on the record and challenge other evidence.

If it's already in circuit court, how did it get that far? Did you waive the prelim exam (and, if so ... why)? Did you have a PE already (if so ... was your evidence presented?)?

The "dismissal for lack of cooperation" question is really not a legal basis for relief. A prosecutor has a duty to seek justice, not just convictions. A prosecutor should listen to and evaluate what contrary evidence the defense presents. But, a prosecutor is not required to give it weight/merit. At trial, your side can present your 'contrary evidence', you can also question investigators as to whether they followed leads that suggested that you were not the perpetrator, or that the complainant is wrong. The victim can also be confronted with his/her refusal to meet with investigators about follow-up questions. "Bias" by investigators or witnesses can be exposed for a jury's consideration. But it's not a basis for a case to be dismissed before the trial begins due to "lack of cooperation", in my opinion.

Bottom line: if you have an attorney on your case, your questions/concerns should be presented to him/her, not an Ask the Lawyer message board. If you're not satisfied with your lawyer's representation, get a new one.