Legal Question in Criminal Law in Michigan

rape

i pressed charges on a 25 yr old man for having sex with my 15yr old daughter 6 diff. times

Can the state plead bargen to lessor charge?


Asked on 12/12/08, 10:40 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: rape

Yes. The prosecuting attorney decides what charges to file, whether to plea bargain, and what the plea bargain includes (dismissal of counts, reduction to lower charges, sentence recommendations, etc.).

But, under Michigan's Crime Victim's Rights Act and the Michigan constitution, a crime victim has the right to consult with the prosecuting attorney about the case status and about all plea bargains. The bottm line is that you have the right to talk to the prosecutor about the case and have your wishes known ... but you do not control the case and do not decide deals. The prosecutor does. But your wishes should be factored into any decision the prosecutor makes about deals.

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Answered on 12/12/08, 2:39 pm


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