Legal Question in Criminal Law in Michigan

Question/Help

Hi there. I'm sure I'm going in the wrong area of people to talk to for help. I was attacked in a private club by folks who rushed in, and were not members. I have pictures of what these folks have done to me. I will soon be getting the police report. I did press charges, however the DA denied the case, even though there were 10-15 witnesses. I live in area that there aren't many African Americans and I think that is why the DA dropped it. The cops hardly even talked to me. I really felt they didn't care too much about what happened to me. My problem is these folks live within walking distance to the trailer I own. I live in a trailer park, and now they are driving around my park (I informed the police about this), they never been in my park before this incident. I'm afraid to put it plain and simple. I was wondering if there is any kind of funding out there to help me move since the system failed me dearly? Or do you know if there are any other options for me since I can't afford an attorney, and I don't think an attorney would take on this case anyway. I know this is going to sounds crazy to you but to me it's really important to find help, I just don't want to live in fear anymore.


Asked on 9/28/08, 11:49 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Question/Help

I'm unsure what you mean by "funding" ... or what the "funding" is supposed to pay for.

You have very little recourse to overturn the prosecutor's decision to not issue charges. There could be MANY reasons. I encourage you to schedule a meeting with either the elected prosecuting attorney or one of the APAs, who can review the facts with you and explain why a charge was not issued. It's possible that after meeting with you they will take a second look at issuing a charge.

You might be able to get a personal protection order against one or more of the people involved ... but since this would be a non-domestic PPO, you'd have to show more than one event where the person assaulted you or threatened you before a judge could issue the restraining order. The incident at the club will not be enough to get a PPO because there must be a "course of conduct", and a single event does not qualify.

Read up on PPOs at our office web site (www.prosecutingattorney.info ... then click on the Personal Protection Order link.) We have the most informative and comprehensive PPO site in Michigan, and you can download the forms you'll need to fill out. The factual history that you include will be critical. Your prosecutor's office may have someone who can review your paperwork before you file it. In our office, we have an APA who specializes in PPOs (among other things), and other offices may offer the same service; this APA does not "represent" you, but can give some suggestions to 'beef up' what you've reported.

Best of luck.

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Answered on 9/29/08, 9:00 am


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