Legal Question in Criminal Law in Michigan

I'm a 23 year old male and I was mugged by three men with a large kitchen/chef knife (approximately 9 inch blade). The men were a 26 year old African American, and 16 and 15 year old Caucasians. The 15 year old didn't really do much except stand off in the distance. The African American man and the older Caucasian exchanged the knife between them, taking turns threatening me and making "phantom" stabs and running the knife in front of my neck, and across my private parts (the African American).

The Caucasian did most of the threatening and handled the knife the most. He ran the blade of the knife from my left ear, down my left cheek, across my lips, up my right cheek, up to my right ear saying, "I'll give you a big smile when I cut you from ear to ear." He also ran the knife along my shirt from my collar to my groin. He also said I had nice hair and used the knife to cut hair from the top of my head; in doing so he also cut my head (a four inch long cut). Then he said I should eat my hair, so he cut a larger lock of hair from the front of my hair, and shoved it in my mouth saying, "eat it!" This older Caucasian was definitely the one in charge of the threatening/mugging. And whenever he thought I was paying too much attention to the African American (due to the fact that he was holding the knife) the Caucasian would grab the knife away.

The police caught all of the suspects (the three men who jumped me, the woman whom I had thought I was taking to the movies, and another woman, who I did not see, but said she was the lookout).

They stole everything from me (my wallet, phone, car keys, watch, my clothes and shoes). The older Causation also threw my watch at me three difference times. The first time it hit me in my left pectoral muscle just above the heart. The second time he attempted to throw the watch as I stood up to take my shorts off, which I turned slightly to the right and the watch hit the inside of my upper right thigh. The third time was as I was walking through the woods in the direction that they told me to walk, but the watch hit a tree to my left.

During the mugging I was threatened multiple times by the older Caucasian that he/they were going to kill me, including as they told me to walk his last statement was, "If you the police don't get you [me], donít worry we will. You're done; we know where you; you're a dead man."

The 26 year old African American is being charged with 1 count of armed robbery, and 3 counts of fraudulent use of a credit card. The detective working my case said that the older Caucasian man and the woman who set me up are going to be prosecuted as juveniles. The younger Caucasian man and the woman who served as a lookout, the detectives planned on using as witnesses, instead of as an accomplice to armed robbery. Everyone admitted to everything and to having planned everything, including everything they were going to do to me. To me that shows adult like competence and the fact that it was premeditated, shows that they knew what they were doing and that it wasn't a "snap decision" with no thought to the consequences. Witnesses at the complex where this happened said this is not the first time this has happened. And that a few times in the weeks prior to my mugging the same thing happened to other guys, and the women would alternate which role they played. They were so experienced the witnesses say, that as soon as the muggers had told me to walk "until we can't see your blue boxers anymore" they walked back out of the woods and went directly to their townhouses as if nothing had even happened. This happened in Flat Rock, Michigan. I want the older Caucasian to be charged as an adult. I believe that he showed the physical and mental maturity/aptitude of an adult, and knew his actions completely. The Lieutenant/detective working my case said that he has never tried a juvenile as an adult in his 26 years of being on the police force. And he said that even if the older Caucasian had killed me, that he would still be charged as a juvenile. I think that is completely absurd. I want to know if there is any way to get him charged as an adult. Or is my line of thinking is incorrect? Everyone that I have talked to, many of which aren't related to me at all, has said that he should be charged as an adult. Please explain why, or why not, you believe whether he can or should be tried as an adult, or what you believe is my best course of action.

Asked on 8/15/13, 6:47 am

1 Answer from Attorneys

Charles Kronzek Kronzek & Cronkright P.L.L.C.
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0 attorneys agreed

The police officer gave you incorrect legal information. That's a good reason to not get legal opinions from police officers; they aren't lawyers.

On the other hand, prosecuting attorneys are lawyers. And they alone make the decision about which charges are to be filed against a person. In addition, they are familiar with the statutes dealing with "waiver cases" in which juveniles can be charged as adults in certain instances. You should contact the prosecuting attorney that is handling the case in which you were a victim for further information about whether a waiver is being sought in this case.

You can read more about Michigan criminal procedure and law at:

www.AggressiveCriminalDefense.com

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8/15/13, 7:18 am

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