Legal Question in Criminal Law in Michigan

Denied to file a police report

I witnessed a crime and contacted my ''local'' PD. I explained in detail, provided names; both the vicitm's and the accused. The Sgt. refused to allow me to file a police report. The crime was not a small offense, in fact, it was theft and illegal distribution of personal information and VERY private pictures from the victim's hard drive. What do I do?


Asked on 2/24/09, 5:08 pm

2 Answers from Attorneys
James Schmier Law Office of James G. Schmier, PLLC

Re: Denied to file a police report

You can talk to the prosecutor but it within his discretion on whether to charge or not. I question they probably are asking is why the victim, if not you, has not complained.

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Answered on 2/24/09, 7:41 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Denied to file a police report

The first attorney suggested that you go to the prosecuting attorney. In my experience, the PA will just tell you that it has to be investigated by police before that office can make a charging decsion.

The "local" police department isn't the only investigating agency that can look into this. The county sheriff's department and the Michigan State Police have concurrent / overlapping jurisdiction to investigate crimes. So, check with either or both of those agencies, and let them know about the local PD not taking the case. It may actually be better for the sheriff or MSP to handle it because they may have more experience / training handling computer / technology crimes.

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Answered on 2/25/09, 8:54 am


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