QUESTION
Why am I charged with domestic violence if my girlfriend wanted to drop the case?
Asked on Mar 18th, 2012 on Criminal Law - Michigan
More details to this question:
I was arrested for Domestic Violence and a second count of 4th degree child abuse which I vehemently deny. I was on probation admiitedly already. The prosecutor picked up the charges not my girlfriend. If she does not cooperate and appear for the final pretrial will the charges be dropped? Secondly, the child abuse 4th degree charge is a lie created by an overzealous cop who kicked in my door My child was not harmed physchically in any way shape or form, not even a scratch. Just on the basis that child abuse 4th degree in Michigan reads that PHYSCHICAL must be a result of my reckless actions shouldn't my court appointed lawyer push for dismissal even before my next court date?
4 ANSWERS
Jacob P. Sartz
I'd recommend you discuss the issue with your current attorney. Generally speaking, once the charges get to the prosecutor, whether to proceed is up to prosecutor until the matter ends up before the judge or jury. It's fairly common for victims to wish to recant during those types of cases; however, they can subpoenaed to testify and their prior statements to police officers may be admissible in a trial regardless of whether they want to testify.
Answered on Jun 21st, 2012 at 11:04 AM
Michael J. Breczinski
It is the State not your girtlfriend that is in charge of the case. They can subpoena her into court and make her testify. Also the court will not just dismiss the matter. They will say it is a issue of fact and have you go to trial on the issue.
Answered on Mar 22nd, 2012 at 8:29 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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It is not up to the girlfriend to drop charges. That is in the hands of the prosecutor. You should direct your questions about case strategy to the attorney. After all, the attorney will know the facts of the case much better than the brief description you give on-line. If you are not satisfied with your attorney, you will need to hire one at your expense.
Answered on Mar 20th, 2012 at 3:25 PM
Even if the "victim" wishes to have the charges dropped, the charges may not be dropped.If a witness or the "victim" does not appear the court may order a warrant for their arrest to bring them to the trial. You should also know that she can be charged for falsifying police report if she refutes what the police report says, and at the same time, she may be charged with felony perjury if she were to lie on the stand. In sum, it is usually up to the prosecutor to drop the case.
Answered on Mar 20th, 2012 at 11:20 AM