Iron Mountain, MI asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Michigan

Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.

He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a specific way. Now we have had a no contact order ever since which means i have not been able to talk to or see my husband, and he hasnt been able to help me with our home or children (ive been a stay at home mom for almost 9 years) and they are taking it to trial and hes looking at his 2nd offense (first one was way before me) but i don't know what i can do, he does not deserve jail and my family doesnt deserve to suffer anymore.

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

A: You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least be reluctant to offer anything other than a plea to the second offense. The reason being is that if he ever picks up a third offense, it will be a 5 year felony.

If your concern is about jail time, you should communicate that to the prosecutor's office. You may also communicate your desire not to be subject to a no-contact order any longer.

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