Legal Question in Criminal Law in Michigan

Re: Juvenile assault

If you do want the case prosecuted through the juvenile court system, talk to the investigating police officer (and/or his/her superior officers) about why the report was not sent to the prosecuting attorney to review issuance of a delinquency petition yet.

If the police won't file it with the PA, get a copy of the police report (you may have to pay a copying fee), schedule a meeting with the county PA or an assistant prosecuting attorney, and bring the report to the meeting.

Prosecutors don't issue charges strictly on citizen walk-ins. Cases have to be investigated first. If the investigation's done, then it really doesn't matter if the police or the victim files the charging request & report with the PA's office. In the end, the PA's office decides if charges are appropriate to issue, and what the charges are. You don't do that, and you as the victim (or victim's parent) don't sign anything to get the case filed. It's strictly the PA's responsibility and authority.

Delinquency prosecutions are all about rehabilitation of the child, not punishment. Even if a delinquency peittion is issued (which is no guarantee when the child is just 10, and it was a school fight, and the school has had some intervention already), the juvenile court is likely to impose a short probation period. Some first-offender programs can also result in the case being dismissed after the juvenile successfully completes probation terms.