Michigan Criminal Defense Lawyer Blog

In my last post, entitled "Domestic Violence in the Metro-Detroit area - Someone is Going to Jail," we confirmed the general belief that when the Police are called to the scene of a Domestic Dispute, someone is almost always going to go to Jail. In this article, we'll look at another question I am often asked in my role as a Criminal Defense Lawyer. That question is usually along the lines of "What happens if the alleged Victim doesn't show up to Court?"

Most often, when the Police arrive after a Domestic Violence call, they take several witness statements. The most important of those is usually the Victim's statement. More often than not, the Police will ask the alleged Victim to write down what happened. Other times, there might be an independent witness who was present at the scene. They'll be asked to write out a statement detailing what they witnessed, as well. Sometimes the person ultimately arrested will be asked to write out a statement, or answer some Police questions. Alcohol is often, although not always a factor when these situations develop. Whatever the circumstances, the person being blamed would be well advised to remember their Right to remain Silent...in other words, to keep their mouth shut.

When one of these cases winds up in Court, as I pointed out in a previous article, there is essentially zero chance that the Prosecutor will just "drop" the charges. Assuming the person arrested has no prior Domestic Violence convictions, and also assuming that the case is not the kind that can be won at trial, there is almost always the possibility of working out a Plea Deal that will still keep the whole case off the person's Record.

Sometimes, though, there is a question about whether or not the alleged Victim will show up in Court. To put it bluntly, I have been asked any number of times by the person facing the charge something like "What happens if she doesn't show up to Court?"

And the answer is that, in the long run, and if there are no other independent witnesses, the case will most likely be dismissed.

In saying that, though, we leave out a whole bunch of factors that make the likelihood of the alleged Victim not showing up relatively remote. The first Proceeding after an Arraignment on a Domestic Violence charge is called a Pre-Trial. It is at this stage that the Defense Lawyer and the Prosecutor meet to determine if a resolution to the case can be had without going to Trial. This is when, in most cases, that deal to keep the whole thing off a person's record is worked out. The Defendant must attend the Pre-Trial. If they don't, then a Bench Warrant is issued for their arrest.

Continue reading "Domestic Violence in the Tri-County area - Getting the Victim to Show up in Court" »

As a Lawyer who has handled Criminal Cases in the Courts of Macomb, Oakland and Wayne Counties for nearly 2 decades, I find myself answering some of the same questions again and again. It has been my goal, on this Blog, to repeat those questions and answers which seem to be common, if not popular. In a previous post, we've examined the futility of "Dropping the Charges" in Domestic Violence Cases. Another, often asked-about aspect of Domestic Violence Cases has to do with the basis, or reason(s) for a person's arrest.

The question, as I typically hear it, sounds either like "How can they arrest me?" or "How can they charge me...?" Often, the person to whom I'm talking questions the evidence against them, or wants to point out that the only evidence was one person's word against another's. They feel there was no basis for their arrest.

There is a saying to the effect that, when the Police come, someone is leaving with them. Granted, I don't really have any contact with cases where an arrest was not made, because who'd need a Lawyer for that? I step in after an arrest is made and a person has been charged, and from that point of view, every one of those Police calls that I deal with resulted in someone having been taken to jail.

Rather than embark upon an academic, politically correct, gender-neutral analysis of these cases, I'm going to invoke my privilege as a Blogger and point out that the overwhelming majority of Domestic Violence Cases involve a man striking a woman. Seen from my perspective, at least, of defending those charged with Domestic Violence, better than 90% of them are men. Once in a while, a woman is charged with the crime, but almost as often as those charges involve striking a male partner, they can also involve striking another relative of some kind, such as a son or daughter.

Equally as important to understanding why someone is always taken to jail after one of these calls would be examining, instead, why no one would be taken to jail. If you think about it, the only way the Police are going to leave without an arrest is if there is no credible evidence that someone committed an Assault and/or Battery upon another. If someone later winds up dead, every aspect of the prior Police contact is going to be examined under a microscope. Nobody would want to be the Officer who gave someone a break, or a "free pass" only to later find out that person seriously injured or killed the other party.

When we talk about credible evidence, by the way, we aren't speaking of some learned, drawn out Courtroom analysis. We're talking about the Police, having usually been summoned by a 911 call, having to make what can amount to life and death decisions, on the spot. Better to err on the side of caution, and have someone later found "Not Guilty," than take the chance of not separating the parties at a volatile point in time. The careful, considered evaluation of the evidence is for later. When responding to a domestic disturbance, safety of the parties, and particularly the alleged victim, are the main priorities. Thus, the answer to questions like "How can they arrest me...?" is pretty self-evident; They can, because they did.

Thus, it's fair to say that when the Police are called, and they show up at the scene of an alleged Domestic Altercation, someone is leaving in handcuffs. As the late Newscaster Walter Cronkite used to say "That's the way it is..."

As a Criminal Defense Attorney practicing in Macomb, Oakland and Wayne Counties, I know that most people do not think of themselves as wife-beaters or spouse abusers. Most people, in fact, are not. Yet this is precisely the label most people fear, and face, when they suddenly find themselves charged with the Misdemeanor offense of Domestic Violence.

While no two cases are alike, most cases follow one of several common patterns. By far, the most typical of all cases starts out with a domestic argument. Often, but not always, inhibitions are lowered because one or both parties has had a little to drink. Somehow, the argument escalates and an object is thrown by one party at another, or there is a push, or a shove, or sometimes even an outright smacking of one party by the other. Perhaps a neighbor or nearby observer hears the argument and calls the Police; other times, one of the disputing parties calls them.

If you are facing, or ever have faced this charge, you know what happens from here. The Police arrive and talk to each party separately. Sometimes, they have the (alleged) victim and/or any witnesses write out a statement. After all the talking and sorting things out, somebody leaves in handcuffs.

In the following days, tempers cool, and regret creeps into both parties' recollections. By this time, the arrested party has been arraigned by a Judge or Magistrate, and on top of anything else that was ordered as a condition of Bond, the person charged is ordered to have no contact with the (alleged) victim. This often creates family and/or household hardships that no one imagined.

Surprisingly, many of the calls that a lawyer receives from those looking for help are from the (alleged) victim. Even when the person charged is the one calling around for a lawyer, one theme runs through almost all of these conversations: Can the Charge be dropped?

The answer is always the same: No.

One of the more enduring misconceptions to which the world of TV and Movies has given rise is the notion that the person who claims to be a victim can "drop" the charges.

Continue reading "Domestic Violence in Michigan- Dropping the Charges" »