Legal Question in Criminal Law in Michigan

I am writing on behalve of someone who is not court order to take anger management class can that hurt there case or look like there guility its a different agency like cps or does it make them look guility. thank you.


Asked on 4/07/14, 2:40 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The easy answer is that the fact of a person going to counseling or therapy is not even relevant to proving they committed a crime beforehand. So that can't be "used against him." Indeed, if he ever stands before a judge and is sentenced for the crime, the fact that he went to get help on his own is a very good point in his favor. But, it is not clear whether what the person says in the counseling would be protected; it might actually provide ammunition for his opponents. For example, admissions he makes in a one-on-one counseling session might be protected under a privilege law, but what he says about the crime in a group setting would not be because he is not in a truly confidential relationship with the group members (regardless of what might be stated on forms or posted on walls). You mentioned CPS. Their cases are not criminal, they are civil cases int he family court. Until the court takes formal jurisdiction of the children through a plea by an at-fault parent, or a judge or jury decides after a trial that facts support the legal standards for taking jurisdiction, any services the parent does are strictly voluntary. That means that the failure of the parent to do them cannot be held against them. However, if they do participate in these programs earlier than required, they're that much closer to getting the case closed out (if they show benefit from the services). He likely has an attorney representing him in the criminal case or the CPS action, so he needs to talk to THAT attorney and follow THAT attorney's advice ... not opinions on an internet Q&A site.

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Answered on 4/07/14, 3:07 pm


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