Michigan Domestic Violence Law, Inside the Prosecutor's Head

Michigan Domestic Violence Law - Ever Wonder What it Looks Like Inside the Prosecutor's Head? From the Prosecutor's Perspective!

Once charged with a violation of a Michigan Domestic Violence Law your case will be set for a court appearance. The Assistant Prosecuting Attorney (APA) will not be in attendance for your Arraignment. When charged with a violation of a Michigan Domestic Violence Law, you also do not have an absolute right to an attorney at your Arraignment, and must hire an attorney if you wish to be represented for this proceeding.

Most APAs, when assigned to a case involving the violation of a Michigan Domestic Violence Law, are not reviewing your case or breaking down the strengths and weaknesses like your attorney. Most APAs will review the file, and come up with some sort of plea offer, which is actually set by his/her superiors and office protocol. Your attorney will be working with one of these APAs on your case, who again, are answering to their superiors. An APA works more like a factory worker than an individual counselor. They see your case as black and white, with no real attachment to your life or circumstances. Your case fits somewhere into their "office policy" and they simply offer what all similar cases are offered. When defending a violation of the Michigan Domestic Violence Law, your attorney will take every opportunity to share information with the APA to get a better deal for you , but some counties take a hard stance on certain cases and it may take a lot of work on your attorney's part to get beyond their policies and procedures.

Most APAs don't take a your alleged violation of a Michigan Domestic Violence Law personally, except for the more serious ones that may shock the consciousness of the community. Which means that unless your case effects them or their office directly, they are not necessarily considering you, or how the outcome of the case will affect your life. Many counties have strict policies that Prosecutor's must follow when a Michigan Domestic Violence Law has been violated. Because of this, the APA will not dismiss this type of case merely because the victim makes a request for them to do so. In these cases, once the arrest has been made and someone is charged there is no voluntary dismissal. Where Michigan Domestic Violence Law is concerned, APAs are not generally opposed to the idea of the first-offender program under MCL 769.4. However, some counties will not go along with it if certain facts are evidenced in the case, or if there are allegations of a past offense.

Another factor that an APA must consider, or should I say their supervisor must consider, is how a case will look if the Media becomes involved. When a case is resolved in private with no chance of the outcome being released, its more probable for the defendant to receive a less harsh outcome... because it makes everyone's life easier. But when the Media tracks a case, an elected official could be out of a job if they are seen as too soft or easy on crime. When trying a Michigan Domestic Violence Law case, APAs are not looking to ruin your life, but will also not work hard or go out of their way because of you. Many times it comes down to your Attorney's relationship with the APA.

You need an Attorney who knows the right approach with different APAs, to make sure you're getting the best offer possible. You may not have any interest in an offer, but you need to make sure you have the best options available. Prain Law, LLC knows Michigan Domestic Violence Law! Michigan Domestic Violence charges are our concentration. We know the Courts that try cases when a Michigan Domestic Violence Law is violated. We know Michigan Prosecutor's, and we know which Counties are toughest on which crimes (which are simply Top-Down Office Priorities). Call us now at (248) 731-4543 for a free consultation, or contact us by completing the form.


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Prain Law, PLLC is focused only on the types charges featured on our website. This helps us deliver the decisive, effective advocacy for which our clients know us. We only serve individuals currently under investigation or who have a current case pending in court. Our firm does not represent injury victims, defendants who have already taken a plea or have been sentenced, or those seeking to expunge a criminal record. We do not respond to anyone who is not involved in a pending investigation or who has a court case for a type of charge we do not handle, but we wish you the very best of luck.