Legal Question in Criminal Law in Michigan

Re: domestic abuse

Everything is up to the prosecutor. You cannot drop anything.

An experienced attorney might be able to assist with the problem. Feel free to have your boyfriend call us at

1 8667665245.

For more information, go to:

www.AggressiveCriminalDefense.com

Re: domestic abuse

The prosecutor "brings' charges, not the victim. So the victim cannot "drop" charges, only the prosecutor can.

However, under the crime victim rights act, you have the right to consult with the prosecutor so you can let the prosecutor know how you want the case resolved. The prosecutor has to listen, but does not have to do what you want. Still, your input is relevant.

Please understand that crimes are actually offenses against the community, not just against one person (the victim). The case is even called "The People of the State of Michigan versus John Smith", not "Mary Jones versus John Smith" (like in a civil lawsuit where a plaintiff may have the power to 'drop the lawsuit'. Prosecutors are elected to make judgment calls for the community on where the line of justice is, what should be prosecuted and what should not, when charges should be dismissed and when they should be pushed.

Prosecutors do factor in the danger that pressure is being put on a victim to ask that a case be dismissed. This is a form of control that some defendants use over victims. "Control" is a red flag that similar acts of violence will occur again. So it may be a reason to NOT dismiss the charge (so the defendant doesn't think he's made of teflon and can get cases dismissed again and again). Having the prosecutor make the call takes pressure off the victim.

Ultimately, if there is a conviction, the crime victim rights act also lets you address the judge at sentencing (orally or in writing) where you can tell the judge what you want done sentence-wise (e.g., "no jail"). Again, the judge has to listen, but has to make his/her own decision about what a proper sentence is.