QUESTION
How can the male avoid criminal consequences if a female lied about a domestic abuse case?
Asked on Oct 24th, 2011 on Criminal Law - Michigan
More details to this question:
If a female reported domestic abuse with law enforcement in order to get her male spouse locked up out of anger but later refuses to press charges due to the female lying that he put his hands on her, how could the male avoid any criminal consequences such as a court date or the chances of the State picking up the case?
18 ANSWERS
Jacob P. Sartz
I'd recommend you retain a lawyer. If you cannot afford to retain a lawyer, the court may appoint you one at the public's expense. Speaking generally, anyone charged with a crime is presumed innocent until proven guilty. The prosecutor must prove guilt beyond a reasonable doubt. Once a case has been filed and investigated by the police, the Prosecutor's Office, unless there is a court-order, has discretion whether to proceed with a pending criminal case. Even if a victim later wishes to have the case dismissed, unless there is a court order, it's up to the Prosecutor. Questions of credibility (i.e., whether a person's account of the events are accurate) are ultimately questions of "fact" and are determined by a judge or jury at a trial. Speaking generally, the act of filing a false police report may be charged as a criminal offense if the prosecutor believes there is sufficient evidence. With domestic violence offenses, differences of opinions between the parties is a fairly common situation. Ultimately, the question is who will be more believable before a judge or jury.
Answered on Nov 07th, 2011 at 8:46 PM
You need to get her to admit to the police/district attorney that she lied. If she is afraid to say that (because she can get in a lot of trouble for making a false police report), she can say she exaggerated, was under the influence of prescription drugs, or something like that. But that is the only way to avoid going to court. If she won't do that, you simply have to try the case on the merits and prove that it never happened.
Answered on Oct 28th, 2011 at 12:11 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Take a lie detector test.
Answered on Oct 26th, 2011 at 6:54 PM
He will need an attorney to assist. These cases are serious and are not easily dismissed. The facts and statements will be very important.
Answered on Oct 26th, 2011 at 4:32 PM
Michael J. Breczinski
Can't avoid the case being picked up by the government but the chances of conviction are small if the woman does not testify, unless there are other witnesses.
Answered on Oct 26th, 2011 at 3:36 PM
Assault Attorney serving Richardson, TX
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This depends on where you live. Different district attorneys have different policies. Generally filing an affidavit with the D.A. helps. If the assault did not happen your attorney should request that she five him a sworn affidavit stating what really happened and that she gave a false statement to the police. She may have her own legal problems afterwards. You do need an attorney who does both criminal and immigration enforcement cases.
Answered on Oct 26th, 2011 at 2:38 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Nothing can be done. The prosecutor will decide. Usually this is automatic based on the statement of the complainant. Once in court, lots of possibilities and strategies come to mind.
Answered on Oct 26th, 2011 at 2:11 PM
The final decision as to whether to prosecute in any criminal case lies with the prosecuting attorney. The best way in this situation for the female to be honest about what happened. That being said, if she filed a false police report, she could also face charges.
Answered on Oct 26th, 2011 at 2:09 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The male will have to face the case - he will be charged and go to court. Chances are great that the State will not drop the case. He needs to hire a lawyer who will be prepared to go to trial.
Answered on Oct 25th, 2011 at 11:51 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If she won't testify against him then it's possible that there won't be enough evidence to prosecute and the case may get dismissed.
Answered on Oct 25th, 2011 at 11:20 PM
Too late for that. The minute she called the cops, the case is out of your hands. Prosecutors will receive the report, and will probably filed charges against you. The fact that she is now recanting her story is meaningless to the prosecutor, who are used to recanting witnesses and couples reconciling. They won't fall for it. You need to contact an attorney ASAP before you start incriminating yourself by talking to the wrong people.
Answered on Oct 25th, 2011 at 11:01 PM
The state can proceed on a domestic violence case without the victim wanting it to proceed. They do this because some women are intimidated by the spouse doing the violence. At this point it is up to the district attorney as to whether to proceed or not. If the state proceeds with the case it will depend on your attorney as to what happens after that. You do need to have an attorney as soon as you can. Do not talk with anyone about this incident except your attorney!
Answered on Oct 25th, 2011 at 10:18 PM
3 Awards
Get an attorney, do not take the plea offer, and go to trial. Have the victim get an attorney that can help her make decisions about whether to take the stand in the case, if she has been subpoenaed per law, and if she will invoke right not to incriminate herself if called to witness stand once things are set in motion, it is very difficult to stop them without attorney help.
Answered on Oct 25th, 2011 at 8:14 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Hire an attorney who may be proactive in working with the police and/or prosecutor. Short of that, if the prosecutor feels there exists probable cause, then charges will be filed and you will have to work through the court system.
Answered on Oct 25th, 2011 at 8:09 PM
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You can't now. You need to hire an attorney and fight it. Or the girl can call the DAs office and recant, but they may think the guy just beat her into recanting. So they can still file charges. The guy needs to hire an aggressive criminal attorney to fight this case.
Answered on Oct 25th, 2011 at 7:49 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Anybody can be charged with a crime. It's entirely different matter as to whether the prosecution can meet their burden of proof. There is going to have to be some evidence to at least keep the case continuing. They may finally come to realize that the case is bogus, especially if she is changing her story or saying that she does not wish to pursue charges. Seek out an experienced criminal attorney to represent you.
Answered on Oct 25th, 2011 at 4:43 PM
Steven D. Dunnings
It's up to the Prosecuting/ City attorney to decide if they want to drop the charges.
Answered on Oct 25th, 2011 at 4:37 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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There are no criminal consequences unless the case is charged and the person is convicted. Prior to that, it is just an allegation.
Answered on Oct 25th, 2011 at 4:37 PM