Legal Question in Criminal Law in Michigan

Domestic Violence

My mother has called the police on my father 5 times in 2 years, with evidence found such as a toaster oven that he threw at her. The last time, the very next day my father called the police on my mother and made up a bogus story that my mother threatened him with a knife. My mother is 4'9'' and 77 years old with heart problems, blocked artery, diabetes, athritis and 100 pounds, my father is over 200 pounds. Well the prosecutor is prosecuting my mother. I talked to my father and he said he is not pressing charges, in fact he admitted to me on the phone that the only reason he called was to get back at her for calling the police on him.

The prosecutor does not care, he will not drop the case.

My question is, now that I have a signed and notarized statement from my father that he is not pressing charges and it was a misunderstanding and my mother never threatened him. I feel comfortable just getting a court appointed attorney to represent my mother at $75 per appearance. Am I wrong? It should be an easy case to win for a court appointed attorney. Any advice would be appreciated. The arraignment is this friday. Do you think there will be a need for bond?


Asked on 1/08/07, 1:50 pm

2 Answers from Attorneys
William Morrison Action Defense Center

Re: Domestic Violence

The Answer is "the police are tired of coming to your parent's house and the prosecutor wants to teach them both a lesson".

You will only invite further trouble by submitting your father's affidavit, since he will then be arrested for filing a false police report.

Your father should show up at the arraignment and ask the judge to let your mother stay in the home with him ... and that's all he should say until he gets to talk to an attorney. He cannot ask for a "King's X" since the People, not your father, are bringing the charges.

You would be well advised to burn that affidavit and get an attorney experienced in these matters. Once you make a mistake, there are no do-overs.

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Answered on 1/08/07, 2:26 pm

Re: Domestic Violence

Your question doesn't make sense. There are no "easy" criminal cases. Lots of people are in jail and in prison because they thought their cases were "easy."

We get lots of complaints about court appointed attorneys and I wouldn't let my father settle for one. I recommend that your father be represented by an aggressive and experienced lawyer that will fight for him.

For additional information go to:

www.AggressiveCriminalDefense.com

or call 1 8005766036

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Answered on 1/08/07, 3:18 pm


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