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

Q: Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Hello I pressed charges on my boyfriend for assaulting me he got charged with a misdemeanor and a felony.I bonded him out and let him back secretly because there was a ppo placed on him.Well I had him arrested again because I could not deal with his drunkenness so I called the police said he was over and there is a ppo order.He has an upcoming preliminary exam if I don't show up in court will the charges get dismissed?I also filled out the victim impact statement & expressed how he is an alcoholic and needs help and he did those things to me while heavily intoxicated.The prosecutor even called me & told me some options she could offer him one being a lessor felony charge and a alcohol treatment program up to 12 months.If he takes the plea deal Sadly he doesnt really want the help & said if he does the program he will get out & make up for time he didnt drink.He also has two prior Dv conviction

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

A: The court, prosecutors, and police are not social workers, mental health experts, or relationship counselors. Your boyfriend is charged with a crime; one that you reported, and then went a step further to request a PPO. And it sounds like you did the necessary but hard work there. However, once you get everyone involved, you cannot simply change your mind and make everything go away.

If what you reported and are now again saying is true, then your boyfriend committed a crime. He now gets to choose whether he wants to accept responsibility. With an acceptance of responsibility, some limited help may be available to him as the prosecutor indicated. But if he's not going to plea (accept responsibility), then you are going to either 1) recant / call yourself a liar or whatever, and risk being criminally charged yourself, 2) not show up and run the risk that they don't get a material witness warrant for your arrest so that you can be then brought to court, or 3) go to court and continuing advocating for the help you believe he needs, realizing that a criminal conviction may still result. They will not just drop it. Your options are actually further limited because Michigan has a statute that allows prosecutors to use statements you made to the police against your boyfriend even if you don't cooperate.

This is a legal forum, and no one here or at the courthouse can offer anything other than what can legally happen. However, I think you need to take what your boyfriend is telling you as the truth: that he does not want help. You should make future decisions for yourself and your well being based on that truth.

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