Legal Question in Criminal Law in Michigan

Possession and/or possession with intent to sale charges?

Curious about our justice system�

A person calls the police to report a �robbery� and �assault� [after a brief argument lead to a light scuffle over the amount of drugs given for the money taken] for drugs taken from his home and a hit over the head, shouldn�t the police charge the person who called, with possession and/or possession with the intent to sale?

Or do the �alleged� perpetrators face criminal charges only?

Additionally, if a person accepts a �plea� for one crime, admits guilt and is sentenced, can the DA later offer the person a �better sentencing deal� and changed the original charges?

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Asked on 10/23/05, 2:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Possession and/or possession with intent to sale charges?

In the situation you've described, there would appear to be at least probable cause to charge the person who summoned the police with at least one of the charges you've mentioned. However, it may be that such charges are pending or that in fact this person has already been arrested but you simply are not aware of it. Or it may also be that the cops have decided to hold off on the arrest of the caller in the interest of seeing who else may be involved in what may be some kind of a "drug ring" that warrants further investigation on their part.

The answer is no to your second question. (No resentencing deals offered by a prosecutor once a defendant has pled and been sentenced.)

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Answered on 10/23/05, 3:21 pm


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