QUESTION

Is it legal for an officer to charge someone if he doesn’t comply with his neighbor’s demand?

Asked on Oct 10th, 2012 on Criminal Law - Michigan
More details to this question:
My neighbor is demanding that I replace their door. The officer states that I broke the door but I did not. He tells me that they will drop the charges if I do.
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8 ANSWERS

John J. Carney
A door costs $200, but an arrest will cost you a lot more than that. I would send a letter denying guilt with a check for the full amount and then investigate the matter to find out who damaged the door if possible. You could also pay a lawyer $300 an hour to negotiate the case with the police and your neighbors, but that might mean you get arrested and will have to fight the charges for a few months and have an arrest record.
Answered on Oct 14th, 2012 at 5:33 PM

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Police officers cannot bring charges. Only the District Attorney can do that. Police officers can arrest you. It probably is legal for a police officer to say he won't arrest you if you replace the door. But, he is under no legal obligation to hold up to that agreement. He could still arrest you after you replaced the door. Private parties cannot "drop" charges. Only the District Attorney can make that decision. Your neighbor could certainly contact the District Attorney's office and request that they not prosecute the case. But, the D.A. is under no obligation to do what the neighbor wants. If you haven't been charged with a crime, yet, the threat to charge you if you don't replace the door is an empty threat (because the D.A. could still charge you even if you do replace it). It should not influence your decision. If you have been charged with a crime, the offer to drop the charges is an empty gesture (because the D.A. can still press charges even if the neighbor wants them dropped.). It should not influence your decision. Whatever the case, you should consult an attorney right away to protect your rights.
Answered on Oct 13th, 2012 at 4:26 AM

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At times a civil settlement is better than fighting a criminal charge. If you decided to replace the door, make sure that you have a written agreement between you and your neighbor. If you believe that you are innocent and decide to fight the charge, hire an attorney. Do not speak to anyone but your attorney about the case.
Answered on Oct 12th, 2012 at 10:14 AM

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Michael J. Breczinski
You have two choices either to replace the door or get a lawyer and fight any charges that are filed against you. The officer probably believes you broke the door because that is what the neighbor is telling him.
Answered on Oct 11th, 2012 at 2:20 PM

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They are duping you. Whether you replace the door or not has nothing to do with whether the prosecutor will charge you. Hire a lawyer before you get convicted of vandalism and lose your driver's license for a year.
Answered on Oct 11th, 2012 at 2:16 PM

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Thomas Edward Gates
If you have evidence that shows you did not damage the door, you need not have to pay.
Answered on Oct 11th, 2012 at 2:13 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The officer is basically saying that if the problem is resolved you will not be taking the issue to the prosecutor. He is clearly overstepping his bounds and the question of whether or not you are liable to repair or replace the door is a merit matter for the judge
Answered on Oct 11th, 2012 at 2:06 PM

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Leonard A. Kaanta
Charges are only brought by the prosecutor, the officer is allowing you to pay for the damages and not face a crimunal conviction.
Answered on Oct 11th, 2012 at 2:04 PM

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