Livonia, MI asked in Criminal Law, Federal Crimes and Legal Malpractice for Michigan

Q: The Prosecutors Office has refused to charge the complainant on my case with 2 serious crimes. What is going on? Legal?

These are not related to me. The first was a DV offense where she kicked a pregnant woman in the stomach two years ago. 3.5 months ago she was pulled over with superdrunk 3rd DUI(Felony). In both cases she was arrested, Warrants were requested by police, but the prosecutors office ignored them on both charges. My attorneys were never notified. Since DV and alcohol abuse by her are relevant to my case, convictions on these would be valid impeachment evidence. Moreover these are serious charges no prosecutor would normally ignore. What is going on here? Am I right to have my spidey senses tingling there is a cover up going on? Are prosecutors just allowed to not charge their witnesses to help win cases?

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

A: Charging decisions are wholly within the prosecutor's discretion. Regarding the DV offense, if it was two years ago, I think it's a foregone conclusion what the prosecutor thinks of that. Could be witness issues, and apparently the pregnant woman hasn't been in the prosecutor's ear about it. With the DUI, sometimes it takes time for blood draws to come back, which delays the charging decision. Could be a number of things, none of which you can control.

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