Wyoming, MI asked in Criminal Law and Domestic Violence for Michigan

Q: Currently charged with a second offense.

Currently charged with my second offense. I don’t know how it’s possible when A. It was self defense. B. I have video evidence of HIM assaulting me. C. I have 5 wounds and photos of them, he has one from when I tried to get him away from me. D. He was in our infant’s bedroom. I was trying to get him out/away from there. E. I am the one who called the police. Why would I call for help if I thought I’d be in trouble? ALSO, I am breastfeeding my 8 week old infant. Is that a reason that I’d be able to not go to jail or does the system not care? Am I able to get this dismissed/dropped AT ALL? There is no cause for me to be the one charged with anything, the victim agrees. Why does Kent County want to teach the people, especially women, NOT to call 911 if they are in need of help? I’ve been informed that I need to be processed/booked/arrested at the time of my arraignment. Will I have to stay in jail afterwards? Is bail/bond an option? Is it worth it to plead not guilty?

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

A: For purposes of just getting straight to the point: your first sentence ("Currently charged with my second offense") sort of tells the story.

Nothing will happen until you are arraigned; there is likely a warrant out for your arrest and so it would benefit you to address that now instead of being pulled over somewhere and taken to jail to wait. All things you mentioned are possibilities - including dismissal of charges. However, don't expect the prosecutor to simply dismiss it just because the "victim" now thinks nothing should happen. Once you call the police, it's in their hands.

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