Can I drop the charges against my brother after he was arrested for assaulting me? 6 Answers as of September 18, 2014

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
In Michigan, if the police are called and if a prosecutor has filed charges, it is too late for an alleged victim to "drop the charges." The prosecutor may elect to dismiss the case if they lack evidence due to witness-cooperation issues. Further, prosecutors will often seek input from the alleged victim and consider their feelings when determining whether to proceed. Additionally, effective defense motions may weaken a case as well by throwing out incriminating evidence. However, ultimately, questions of guilt or innocence and questions about proofs are up to a judge or jury if a prosecutor does not wish to drop the pending charges. Further, with domestic violence allegations, it is fairly common that alleged victims wish to drop the charges. There are a lot of complicated emotional issues with these types of charges. Prosecutors, however, may be skeptical of any request to drop charges because of the emotional issues involved. Ultimately, every alleged situation is different and it depends on the alleged facts.
Answer Applies to: Michigan
Replied: 9/18/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
You can let the prosecutor know your wishes but it is up to that person to drop the charges.
Answer Applies to: Michigan
Replied: 9/8/2014
Hamblin Law Office | Sally Hamblin
It all depends. If you drop them based on anything contrary to police report, you can be charged filing a false police report. If it is a domestic violence assault, and police came to residence, no.
Answer Applies to: Michigan
Replied: 9/3/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
If he was already arrested, then the charges have already been filed. The prosecutor may take your willingness to forgot the incident into consideration but ultimately it will be up to the judge and the prosecutor to decide his fate.
Answer Applies to: Michigan
Replied: 9/3/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It is always up to the prosecutor on whether or not to pursue charges. They always have the discretion as they are the ones bringing the charges on behalf of the people. However, you can offer your input and make your request known and the reason why. They will take it into consideration, but at the end of the day the ultimate decision will be made by the prosecutor's office. As a matter of practice, prosecutors do not like to pursue cases with hesitant or reluctant victims, but they can and sometimes will.
Answer Applies to: Michigan
Replied: 9/3/2014
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