Legal Question in Criminal Law in Michigan

Re: domestic violence case

Yes, a prosecutor can subpoena a person who may not want to voluntarily appear in court to testify. A subpoena is a court order to attend a court order to testify, and if it is ignored/violated, a judge (not a prosecutor) can hold the person in contempt of court.

A judge "makes" a person testify, not a prosecutor. This is done through the judge's power to hold a person in contempt of court ... which includes the possibility of jail time.

Your wife should talk with the case's prosecutor to discuss between them what her concerns are, and why she "does not want to testify". She might have good reasons that the prosecutor might adopt ... if they have a productive, civil discussion. Ultimately, the prosecutor has to decide whether the case should be prosecuted (in the beginning when the charging decision is made, or later re: whether to go to trial, plead the case, dismiss the case, etc.). The victim's input is important for the prosecutor, but the prosecutor has the responsibility to make the call, not the victim. If victims decided what cases got dismissed, there would be "open season" by defendants to coerse, intimidate or threaten victims to dismiss the cases. Prosecutors remove that budren from victims by making such decisions.

The prosecutor is the chief law enforcement officer in the county, and is a constitutional-level elected official. THAT public official should decide what cases get prosecuted, not lay persons who have a vested interest in the outcome.

domestic violence case

Yes, however if you have an experienced attorney, you may be able to deal with this issue.

For more information, go to:

www.AggressiveCriminalDefense.com