Legal Question in Criminal Law in Michigan

Can someone be prosecuted if the victim and family doesn't want to press charges?


Asked on 5/20/13, 11:36 am

2 Answers from Attorneys

Yes. Read more at:

www.AggressiveCriminalDefense.com

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Answered on 5/20/13, 11:51 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Yes. But the prosecutor should consult with the victim about the victim's wishes. The prosecutor has the decision-making authority, not the victim, but if the victim has good reasons for not proceeding with the criminal case it may influence the prosecutor's charging or plea bargaining decision. The victims does not "issue charges" in our state. One good reason for this is so victims are not then pressured / threatened against prosecuting. They would be a target for harassment or threats by people aligned with the defendant. So it is better public policy for charging decisions to be given to a neutral party, here the prosecuting attorney.

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Answered on 5/20/13, 12:21 pm


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