Legal Question in Criminal Law in Michigan

Domestic Assault

Last afternoon, my girlfrien(ex wife) and I, who live together, and share the lease, had a verbal argument. The tone got loud, and the local Police were called. I opened the door to allow them in, hopefully to get the ordeal over with.

Two officers separated us, and talked to us individually. There was a point in the argument where I threw an empty pack of cigaretts at her from across the room.

When the Officer in charge heard about this, he asked her about it. She clearly told him that she had done the same thing earlier, and that she saw no reason for me to be arrested, however, because of state law, he had to place me under arrest.

I was never read my rights, while being cuffed, or when I arrived at the jail. I was booked and placed into a cell. About 6 hours later, I was bonded out by my girlfriend. I was informed of my court date, and released. She and her Mother are both eager to testify in my behalf. This is my first ever offence, and I am concerned. What do I have to look foward to?

I work full time and support this family. It was a bad day, and we both wish it hadn't gotten this far, but it did. What are the possible outcomes for this situation. Am I looking at serving more jail time?


Asked on 7/17/00, 4:56 am

1 Answer from Attorneys
Sanford Schulman Schulman & Associates, P.C.

Re: Domestic Assault

When the police have reason to believe that someone has been involved in Domestic violance (DV) the policy to to remove the individual from the scene and they must spend the night in jail.

If you have no priors, I often ask the prosecuting attorney to consider taking a plea pursuant to MCL 769.4(a) which dismisses the case after a 6 month or 1 year probation period. The prosecutor can only offer this if the complainant (victim) agrees.

The good thing about this plea is that it dismisses the case, immediately expunges it from your record so that there is no record, orders the police to return fingerprints and photos etc.

The bad thing is that the court often imposes a 26 week domestic violence class along with possible probation. Many judges do not do this however, depending on the judge and the circumtance.

If you go to trial the fact your statements might come in before you were given MIRANDA warnings if they were excited utterances or if you were not the subject of the investigation.

I think the advisement statute is your best option, but your lawyer should review the discovery first and discuss any other options before you tender a plea. (COBBS evaluation by the judge etc.)

Sanford A. Schulman 1-800-529-7747

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Answered on 9/09/00, 9:24 pm


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