Question:

Over the weekend, my spouse and I got into a very heated argument. We had been drinking and things got a little out of control. We were so loud, that one of our neighbors called the police. I was arrested that night and charged with domestic violence. It was all a misunderstanding, and my husband does not want to press charges. If he tells the Prosecutor that he doesn’t want to press charges, the case will be dropped, right?

Answer:

Wrong. When you are charged with a crime, it is the State of Michigan, not the victim, that has filed charges against you. If you have been charged, then the Prosecutor believes based on the evidence obtained so far that you have violated a state law. Once charges have been filed, your case will not be dismissed simply because the victim does not want to press charges or cooperate with the criminal prosecution. As long as the Prosecutor believes a crime has been committed based on the evidence, he will proceed with the case with or without the cooperation of the victim. If you have been charged with a crime, you need the assistance of an attorney. Call me today for a free consultation.

Paige Favio is with the law firm of Matecun, Thomas & Olson, PLC in Howell. She answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.

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