Legal Question in Criminal Law in Michigan

Re: domestic violence

The prosecutor will contact you if he/she feels there is enough to charge your husband with an offense. Then you will have the opportunity to tell the prosecutor why you do not want to go forward with the case. I just hope that your reason is legitimate and not the result of a threat by your husband. Good luck to you.

Nancy L. Moore

Re: domestic violence

Many people incorrectly believe that a victim has the power to "press charges" against the wrongdoer, or to later "drop the charges". All crimes are offenses against the community, not just the individual victim. Criminal complaints are prosecuted on behalf of the State of Michigan, not the people who called the police or those who were personally harmed by the defendant's conduct. ONLY the Prosecuting Attorney can issue or dismiss charges. This is important because it takes the responsibility for prosecuting the wrongdoer off the victim's shoulders and puts it on the Prosecuting Attorney's, where it legally belongs. It also means that the defendant cannot "pressure" the victim into dropping the charges.

Although the decision whether to prosecute or not prosecute is ultimately up to the Prosecuting Attorney, the victim's opinion is important and the Prosecuting Attorney will take those wishes into account when making his or her decisions regarding the case. A variety of factors are taken into account when deciding whether to honor a complainant's request not to proceed with a prosecution, including the nature and extent of the defendant's prior criminal history, the severity of the alleged crime, whether the defendant has other pending charges in the criminal justice system, and future danger the defendant poses to the community (including the current victim).

I agree with the first answer, which wondered what your reasons were for now not wanting prosecution. Obviously, you were concerned enough about your safety to call the police in the first place to intervene, and make your life safer. What happened after that? Are you being pressured by someone? Justice will never be served, and current and future victims will never be safer, if the decision to criminally charge a wrongdoer is in the hands of someone who can be pressured into backing off.