Alpena, MI asked in Legal Malpractice for Michigan

Q: Does a County Prosecutor have a responsibility to protect a community?

On February 2nd, I went to Alpena County Prosecutor, C.M., to ask for help and to ask what I should do with the evidence I had documenting that my lawyer, M.E. had swindled me. M**** receptionist threw me out on my ear. When I called later, I was told that if I contacted the Prosecutor's Office again I could be facing criminal charges. On May 16th I was able to address my concern with the Michigan State Police and subsequently with the Michigan Attorney Grievance Commission. Both State of Michigan organizations have open and ongoing investigations and new victims are speaking up. It is my opinion that M**** could have intervened and prevented E**** from swindling others in the community if she had been cooperative rather than threatening when I first called her. Prosecutor M. knew or should have known, on February 2nd, that M.E. was up to no good. Can M**** be held liable for injuries occurring after February 2nd?

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2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV

A: Government officials have immunity from discretionary acts.

Brent T. Geers agrees with this answer

Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: Adding to Mr. Selik's answer: sounds like you have a contract dispute (e.g. you paid X, expected Y services, and received Z services instead) with the attorney, which is a civil matter properly addressed through a lawsuit or AGC action.

The prosecutor's job is to prosecute crimes that have happened that they can ethically prove. "Protecting the community" is a sentencing consideration, not a charging consideration.

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