Legal Question in Criminal Law in Michigan

Re: Smashing a window on a car and stealing something

Your question is an example of what prosecutors must do every day: sift through reported facts and decide which among several possible charges to issue (or not issue). Many times, one set of facts provides a range of charges (misdemeanors to felonies), and the prosecutoring attorney reviewing the case has to decide which charge(s) to issue. The answer is not just a knee-jerk "issue the most serious one".

One important factor that prosecutors look at -- which is silent in your facts -- is the suspect's prior criminal record. If the suspect has a clean record, it's more likely that we'd issue lower level charges; and if the suspect had a bad record, it's mor elikely that we'd issue higher charges.

But the jury would not be told that the defendant had a clean or a bad record, so the facts of the case are ultimately the most critical factor. If we want to issue a felony, we almost have to decide whether a jury would see this as something important ... not just a "petty crime". When we issue felonies, we're telling the public that we think that this defendant, for this crime, should face the possibility of prison time (not just county jail time). We also have to be aware of the COST of prosecuting cases -- felonies are more expensive because of increased court time, higher costs for appointed attorneys, longer incarceration, etc.

The prosecuting attorney's office has a lot of power because only that office decides what charges to issue. But with that power comes the responsibility to mete it out with discretion, and always with the goal of seeking justice for the victim and the community. After determining what we "can" issue, we have to then decide what we "should" issue. The public demands that we exercise restraint.