Legal Question in Criminal Law in Michigan

Re: rape

Police may actually "know who did it", and surely can arrest a person for a felony when they have a probable cause level-of-evidence to believe that the person committed the felony. But having the police arrest the person and having the prosecutor charge the person are two totally different things. Prosecutors issue charges, not police. But just because a person is arrested, the prosecutor does not have to issue a charge ... at least not right away. The act of arresting the suspect forces the prosecutor to make a quick decision (generally within 24-hours after the arrest) whether to charge, and if a charge has not been issued, the suspect is released. The release does not mean that a charge will NEVER be issued, it just delays that action.

A charge as serious as CSC puts the prosecutor and police in a tough position. To protect the victim (and society in general), a quick arrest and charge can be a good idea. But, issuing a charge before all the police work is done (a "rush to judgment", according to some defense attorneys) can be as equally bad. Once the charge is issued and the defendant has been arraigned in district court, the prosecution might have to lay its cards on the table within 2 weeks at a preliminary examination (probable cause hearing). So, if a charge is issued before the investigation and evidence have made the case "trial-worthy", the prosecutor might not have enough evidence to get the case bound over from district to circuit court at the preliminary examination.

Some very legitimate (and commonplace) reasons to delay issuing the charge can include the need for police to interview the suspect or other witnesses, the need to process forensic evidence through the MSP Crime Lab (e.g., DNA evidence), etc.

There is a difference between "what the police know" and "what the prosecutor can PROVE in court". We prosecutors (at trial) get one chance to prove beyond a reasonable doubt that the defendant is guilty. It is far better for us to take our time to do it RIGHT and to be too hasty. Please be patient.