Legal Question in Civil Litigation in Michigan

My friend was arrested for domestic violence that he did not do. His soon to be ex put a ppo on him and she has a friend saying she saw it happen so they are both lying. No one took his side of the story at all and he was in jail 24 hours. They went to court today and the judge set a court date for a trial. Shouldn't this be thrown out because no one took his statement? Just because he's male is he immediately guilty?


Asked on 1/23/13, 6:13 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

No, your logic is wrong. He is not guilty or innocent, but can go to trial and let the prosecutor prove their case against him. Dismissal will not happen with complaining witnesses. That is what the trial system is for. He can take a deal or go to trial. No statements from the defendant are ever necessary. In fact, the right to remain silent is the key. He doesn't have to say a word.

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Answered on 1/23/13, 6:17 pm


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