Can a prosecuting attorney prosecute for domestic violence if the victim does not want to in michigan?
139041
Yes, the DA can file the charges without the victim's cooperation if there is sufficient evidence (police reports, witness testimony, hospital reports) to get an indictment.\nAnd YES, they can use the victim's medical records as evidence against the abusive spouse.\n\nHowever, just because they can it does not mean they will...going to trial without the victim rarely gets a conviction and is a very expensive gamble.
959254
YES, women in a Marital Situation, where their Husband or Spouse or Partner are DIRECTLY Threatening their lives, HAVE the right to DEFEND themselves -- and that is for sure.  \n\nThere is NO Excuses here - - but in reality -- the Judicial environment and the Laws are NOT up to speed on the problems and situation of Domestic Violence in the home -- I know in my area the judge here thinks it is "NOT A PROBLEM or THREAT" -- and he (NOTE the MALE term -- yes HE) just goes on to let another Domestic Violence Victim be without any help -- because he does NOT support the filing nor provide ANY form of Legal Paperwork which would definitely give the Domestic Violence Survivor some protection against their abuser.\n\nSadly, Domestic Violence is still seen as a "joke" by judges like this -- and there are many in the US.  The Laws also have not kept up with the REALITY of domestic violence -- allowing the Abusers to Victimize, re-victimize, and re-re-victimize their survivor -- \n\nAnd oops -- if the Abuser kills their Victim -- OH, WELL ... it is at that point that the Police, the Judge, and all Law Enforcement and other support services comes CRAWLING out of the woodwork and state "Gee ... if ONLY we had been Informed ..." -- \n\nWell, the VICTIM DID INFORM the Judge, the Police, the Law Enforcement and Support agencies -- MANY TIMES (once, twice, three, more times) -- and EACH AND EVERY TIME the Judge, the Police, the Law Enforcement and Support Agencies TURNED their BACKS on the Victims of Domestic Violence.
130678
You have the right to remain silent.  Anything you say can be taken down and used against you in a court of law.  YIf you wish, you may have an attorney present. Do want to waive your right to an attorney? Do you understand the rights that I have just read to you?  Good.  Now, hold still while I handcuff you.  You will then be beaten by my partner and myself.
575503
The only folks that can prosecute criminals are your local law enforcement agency and the district attorney.\n\nIf you'd like to see them potentially prosecuted, you'll need to file a police report with the local law enforcement agency (local to where the crime happened).  It is up to the district attorney to determine whether the person involved will be prosecuted (based on the amount and quality of the evidence, details of the incident, etc.)\n\nThe longer you wait, the less credibility you typically have (especially since there are no independant witnesses).  If you want to file a police report, do it as soon as possible after the incident.  You may be asked to explain any delay in reporting the crime.  \n\nIn the future, the best thing to do for similar situations  is to get to somewhere safe as quickly as possible and call 9-1-1 to report the crime to the police.  If this person was, in fact, drunk, the police are going to want to start looking for them immediately and get them off the road before they actually hurt someone.\n\n---===---\n\nIn response to your edit... why are you letting your boyfriend tell you what to do?  If you want to report it to the police, then report it - you're as much a victim as he is.\n\nObviously, the fact that you are posting this question on Yahoo Answers tells me that you eventually found somewhere safe.  As soon as you get somewhere safe, you call the police.  Somewhere safe can be your home, a place with lots of people, a police station, a fire station, etc.  \n\nIf you report this to the police, something "may" or "may not" happen.  If you don't report it to the police, I guarantee that nothing will happen.  You need to decide for yourself what you want to do.
182320
It is not swept under the rug, at all. In CA, if there is a domestic violence incident without injury, the police still have to take a report. If there is even a slight injury, including scratches, then it is a mandatory arrest of the "dominanat aggressor". Even violation of a DV restraining order is a mandatory arrest.
297106
A lawyer can represent a client who has committed a crime, but has a duty of candor and honesty to the Court.  This may include the duty to not put on perjury.  So if a criminal admits to a crime, but doesn't testify, then a lawyer can (legally, ethically) continue to represent the criminal.  But if the criminal admits to the crime, but then wants to lie on the stand, the attorney may have a duty to not allow it to go on.  See (in particular) rule 3.3 of the model rules of professional responsibilty on the below webpage.
1144713
There is no yes/no answer to your question.\n\nOnly your friend's attorney is in a position to give you specific advice.\n\nAnything that causes the prosecution to produce evidence would seemingly help the defendant. But, only if the evidence exonerates him.
480271
On criminal case, the prosecutor can file charges until it reaches its statue of limitation.  For high felonies, like murder, there is no statue of limitation.  They have at least two year to file charges for minor crimes.  It is longer for more serious violations.
100768
Since Michigan law has no minimum age for charging a child as an adult for murder, the maximum would likely be life. Non-violent crime, like the one Amy committed, does not apply, so she would likely not be charged at all, especially if she cooperates.
821292
No - this is where he goes into open court, and is formally told what he is being charged with.\nThey will ask him if he understands the charges, and if he has a lawyer. If he doesn't have a lawyer, they will appoint a public defender, and give him an appointment with that public defender.\nIf he gets an appointment with a public defender and doesn't keep  it, he will be found in contempt of court.
350361
A woman can be punished by custodial sentence in the exact same way a man can although it will depend entirely on the circumstances leading up to the alleged assault. If it can be proved that the woman was abused prior to the attack than this would provide justifiable motive the problem is you need witness's to verify they saw the "abuse" take place, and remember also that the man must provide two points of law i.e.witness testimony, camera evidence, DNA evidence, in order to secure a conviction. failure on his part to provide such evidence will allow for "reasonable doubt" to be placed on the original case go and see a decent Criminal Solicitor and he will explain it better to you as he will be able to check witness statements and prepare you better for the impending court date Good luck.
966267
Let me be honest.  The laws no longer make the victim responsible for testimony, in most states, so she is really quite powerless to change the report.  The DA now has the case and they will be determining the outcome, not the victim.  \n\nYes, people can change, but abusive partners usually don't UNLESS they are agressively prosecuted and receive "punishment" for their crime.  \n\nI won' t go into the long history of how this all came about, but I will tell you it came about because 65% of male/female relationships involve violence.  I, myself, was one of those statistics, over 25 years ago.  I had to leave, or someone was going to die.  He just recently did the same thing to his new wife.  BUT HE HAS NEVER EVER BEEN TO JAIL FOR THE CRIME.  EVER.  \n\nI personally prepared testimony for a Senate hearing committee to have the laws changed where the perp MUST be arrested and agressively prosecuted.  \n\n25 years later I see the damage done to my children b/c the man simply would not keep his hands to himself.  He blames everyone else, especially me and his new wife, but he has never had to face consequences.\n\nI beg you, I implore you, get the help that is offered to you.  Keep your hands to yourself.  If alcohol or drugs figures any way into this scenario, get help for that as well.  \n\nI really would like to see people change, truly, but my sympathy lies primarily with the woman and the children.  They are the vulnerable.\n\nI wish you the best, I truly do.\n\nGood luck.\n\nPeace.
345049
If you have been notified by subpoena or summons you have to appear in court. If you do not appear then you are in contempt and a bench warrant may be issued for your arrest - this is not a good thing.\n\nA defendent has the right to face his accuser in a timely manner and in good faith. The prosecutor will likely make the case on your behalf, but counsel for the defendent has the right to cross-examine you on evidence that you provide.\n\nUnless the prosecutor decides not to proceed because it is not in the public interest, or there is little likelihood of conviction, you need to go to court.  \n\nIf I were you, and felt the way that you say you do, I would call up the prosecutor's office (the DA) and tell them how you feel.
59403
The victim desires no prosecution.\nThe victim did not show up for court.\nThe State looked over the case and decided not to go to trial, ususlly due to lack of evidence, bad investigation. \n\nMake sure you get names of people you talk too. \n\nIn any event if you are the victim or the suspect make sure to call the court to make sure. When you call have the case #, names on all involved.
763443
Although I don't practice in personal injury law, if I had a client who wanted to retain me to represent him, and I don't want the case because I "think he's nuts", then I would just indicate, IN WRITING, that I am declining to represent him.  With the exception of attorneys who accept court appointments in criminal matters (and certain civil matters) an attorney is not required to take a case, and is not required to give a reason for taking the case.\n\nI would also indicate in my letter declining representation that I am not declining representation based on an evaluation of his case, and have not made a determination nor am I advising him on the merits of his case.  I will then suggest he consult other counsel, but if I truly think that he's nuts, I won't refer him to another attorney.  If he asks, I would suggest he contact the bar association for a referral.
147956
If you are dealing with a crime committed in Michigan and the fugitive was found in Illinois then the answer would be no, the state where the crime was committed absolutely has the right to prosecute the accused in the state where the crime took place.  A judge cannot unilaterally waive the state's right to do this, a governor may have the right depending upon the laws of the state.  This is because the governor is the head of the executive branch, which is charged with enforcing the laws of the state.  A judge is not permitted because he is a representative of the judicial branch, which is tasked with resolving conflicts (generally).\n\nThe state where the accused was found has the right to prosecute the accused for any crime that the accused may have committed in that state while a fugitive from the law in the first state. The second state may be permitted to refrain from returning the fugitive for the purposes of prosecution, but eventually the accused will be returned o the original state for processing.\n\nGenerally, when a person is captured in a state other than where they committed the crime, they are entitled to an extradition hearing in the courts of the state where they were capture.  However, this hearing is only to determine if the accused should be returned to the state where the accused fled from.  In 99.99% of the time the accused is ordered to be returned to the state where the crime took place.  An extradition hearing can be waived by the accused and be summarily returned to the state seeking the accused.
864336
I dont know where you live, But I would suggest you talk to a lawyer. Im in Michigan and we got a good, well-publicized lawyer named Sam Bernstein. 1-800-CALL SAM. Advice is free over the phone.