My boyfriend and I got into an altercation this past Monday. Things got quite heated, I was really afraid of him this time. I stop an officer and the rest is history. They arrested him for assault and took him to jail. I told them I'm not pressing charges, but he's still there. What can I do?
3 Answers from Attorneys
See cbrownlegal.com. contact my office.
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Under Michigan's constitution and our crime victim rights laws, you have a right to consult with the prosecutor about the case, but you as the complainant/victim do not control whether charges are issued, what charges are issued, plea deal offers, etc. Your voice is important to the prosecutor, and your opinion that criminal prosecution is not appropriate is important. But prosecutors will look at many other factors, too, including past criminal history, the facts of this case, lethality concerns, etc. Prosecutors are also concerned that a victim's "please don't prosecute" message was influenced by an abusive or controlling defendant, or other people. Your prosecutor's office likely has a victim advocate, so talk to him/her. If possible, talk to the assistant prosecutor who is assigned to the case. Don't lie about facts and history, because justice will not be served and you won't be safe if the outcome of this case is based on anything less than the truth. Your statement that you were "really afraid of him this time" is alarming. How many other times were there? What was worse this time? A prosecutor is concerned about the present, the past, as well as the future, and your history with this man cannot escalate. My experience (27 years as a prosecutor) says that dismissing this new case will not change this man. I wish you well. Please talk to your prosecutor's office!
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