Legal Question in Criminal Law in Michigan

Domestic Violence. City vs Me

I have a case that the city is pursuing against me. My girlfriend does not want this. This is my first offense. I went to pre-trial and my lawyer has not asked me my side of the story at all. I am considering acting as my own attorney but there is a witness who exaggerated the report and called the police. My girlfriend had a bump on her lip from our scuffle from me restraining her by a headlock. No pictures were taken because she was in good condition. She is willing to testify and tell them what the witness is writing is not true and she is not scared of me. She even plans on letting them know she threw a cup at me to start the confrontation. Things against me are previous trips by the police. Once we both had scratches. No charges were pressed. This witness lied on police report and she is pregnant 6 months. My questions. Should I dump my court appointed attorney if he is not defending me? Since the witness reported a serious beating and she had no damage of that type will I have a chance of getting his testimony thrown out of court? Is this a winnable case? Will it help if I go to anger management before my trial to show I am proactive in resolving this problem.Is it in my favor or not for her to take the stand?


Asked on 6/04/04, 6:58 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Domestic Violence. City vs Me

The fact that your girlfriend may be unwilling to pursue the matter doesn't matter. You could be prosecuted on the strength of the eye witness testimony as well as the statements you made regarding only having her in a headlock. If you decide to have your day in court you should be represented by an attorney. It would appear that the only defense open to you would be self-defense. As you stated your girlfriend assaulted you first and you responded to protect yourself and to cool down the situation. You should request to have the case tried beforew a jury. Based on what you have written in your question it is highly doubtful that a judge would rule in your favor. It may be possible for you to enter a plea to DV and have the matter taken under advisement or given 769.4(a) treatment - a term of probation with a condition that you attend and complete anger management. If you successfully complete probation then the charge against you is dismissed and there is no public record of the conviction. It may be a better way to go for you. Talk it over with your attorney. Most court appointed attorneys are very good and will try their best to represent your interests. Unfortunately, some attorneys are not so good. If you bel;ieve your attorney will not adequately represent you ask the court to appoint another attorney or go out and retain one for yourself. After all it is your case and you will have to suffer the consequences of your actions if convicted. Good luck.

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Answered on 6/04/04, 9:11 pm


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