Michigan Domestic Violence Attorney, Brian J. Prain Dispels a Common Myth...
As a Michigan Domestic Violence Attorney, I defend clients against Michigan Domestic Violence charges every day!
That said, I probably have a really good idea what questions are on your mind even before you ask.
One thing you might not expect is the number of calls that I get from alleged victims who regret having called the police in the first place.
The common thinking is that the police will come, give you a hard time, make you leave for the night, and you will have the opportunity to work things out when everyone has cooled off in the morning. But instead, you are arrested, spend the night (or weekend) in jail, appear before a Judge, and are charged with Michigan Domestic Violence. And, as if that weren't enough, there has been a 'No Contact' ordered by the Judge and you cannot see, talk to, or communicate with one another on any level... period!All you want to do at this point, is to make it all go away!
But is the complainant's wish the Police or Prosecutor's command? Hardly.
As a Michigan Domestic Violence Attorney, I've been presented with this scenario many times. I wish I could say that if the alleged victimwants the charge dismissed that it would go away, but that simply isn't the case. Once the person calls the police, makes the allegations, and an arrest is made, there is little that the alleged victim can say or do to reverse that decision.
Why? Because the case is not [The Victim's Name] v. [The Defendant's Name]... it's [The People of the State/City/Township] v. [The Defendant's Name]. 'The People' is the opponent of the defendant, and 'the victim' is nothing more than a witness in the Prosecutor's case. At this point a Michigan Domestic Violence charge has been filed, and the Prosecutor couldn't care less about the wishes of the complainant in the case. (S)he is only interested in the statement originally made by the complainant and what the responding police officer(s) observed.
It is unrealistic to believe that you can go to court and hear the Prosecutor say that the alleged victim has had a change of heart and they are dropping the charges. There is simply no legal basis for dismissal on these grounds. Your only option now is to defend your rights and to find someone whoknows how to do just that when a client is facing a Michigan Domestic Violence Charge.
Here, at Prain Law, PLLC, we understand Michigan Law. We understand Legal Proceedings, Effective Strategies and how to prepare Successful Defense Plans. Call our office at (248) 731-4543 for a free consultation.