Legal Question in Criminal Law in Michigan
My daughter was a victim of domestic violence in which she almost was killed. THe prosecuting attorney is a WIMP. The attacker is out on bail without a tether. Can we have a different prosecutor? Some one that actually represent the victim?
Woodhaven, MI
Wayne county
2 Answers from Attorneys
You can contact the Prosecutor's supervisor and advise him/her of the circumstances.
The prosecutor has no power to keep the defendant in jail, to order that the defendant have a tether, etc. All the prosecutor can do is request that, at the arraignment or at a later date, the court set bond at a certain level pr put conditions on the bond (e.g., no contact with the victim). Apparently, whatever bond the court set (money-wise, condition-wise) the defendant posted and is now out on bail. Blame the judge for being the "wimp" for not setting a high-enough bond (assuming the judge knew the extent of the defendant's prior criminal record, egregious facts in this case, etc.).
Bail/bond must be set in misdemeanor cases. The amount must be reasonably related to (i) ensuring that the defendant will appear at all future court hearings, and (ii) protect the public. Many victims naturally want the defendant "locked up" throughout the entire case, but that rarely happens. The judge can set a substantially high bond (e.g., $100,000) because of egregious facts or the defendant's flight risk, but the defendant might still post that amount and be 'free' until a trial date. If the defendant shows up at all court hearings and abides by conditions on the bond, the victim might be aggravated that this defendant is "out", but it is not illegal. After all, the defendant is presumed to be innocent at this stage of the case.
As for getting another assistant prosecutor to handle the case, as the previous answer suggested, talk to that APA's supervisor, and/or the elected county prosecuting attorney.
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