Escanaba, MI asked in Elder Law for Michigan

Q: Woman that caused elder abuse was not charged with any crime. Solid proof was given.

Prosecuting Attorney didn't want to tie up the court system with the case. The abused was never questioned by PA. PA believed everything this woman and her lawyer that she hired said. I am looking to have the case reopened to get the full truth out.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Elder Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: It sounds like there is no case to re-open. Prosecutors charge crimes, and it is up to them whether they will do so. Having been involved with similar cases, I can tell you that from a prosecutor's perspective, they can be more difficult to prosecutor than meets the eye. What you may find to be solid proof may either ultimately be inadmissible under the Rules of Evidence or disputable. Prosecutors take all that into consideration, along with whether charges (and a conviction) will serve the public's interest, when deciding whether to file charges.

You may, quite likely, be able to pursue some sort of civil action against this person. Unfortunately, you cannot make the prosecutor do anything.

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