When I work with a client charged with domestic violence in Michigan, the first thing the client says is they want the case dismissed - the first thing I tell them is to be realistic and we control what we can control. It's easy to say you want the case dismissed - that would be a great result, but it's not happening day one.
Even if the alleged victim wants the same thing, the case is charged by a city, township or county, it's not a Victim vs the Defendant case - the victim has no power of the charge itself. So how do you get a DV case dismissed in Michigan? You need to know your prosecutor and judge.
Different counties, courts, prosecutors and judges have different "best practices" and you need to know your audience. Some courts and prosecutors will dismiss the case if after the victim attends a pretrial, they dont wish to proceed, the case can be dropped; some prosecutors will make you set it for bench trial and have the victim "no show" if that is there wish. Some prosecutors will not only refuse to dismiss and follow the wishes of the victim, but they will issue a material witness warrant and arrest the victim to force them to testify. Some prosecutors will agree to dismiss the charges if the defendant stays out of trouble.
The key is to find a lawyer who knows the best approach. As a former prosecutor both in New York City and in Michigan, I've worked both sides of 100's of DV cases. I share this inside knowledge and experience with my clients charged with domestic violence in Michigan
Even if the alleged victim wants the same thing, the case is charged by a city, township or county, it's not a Victim vs the Defendant case - the victim has no power of the charge itself. So how do you get a DV case dismissed in Michigan? You need to know your prosecutor and judge.
Different counties, courts, prosecutors and judges have different "best practices" and you need to know your audience. Some courts and prosecutors will dismiss the case if after the victim attends a pretrial, they dont wish to proceed, the case can be dropped; some prosecutors will make you set it for bench trial and have the victim "no show" if that is there wish. Some prosecutors will not only refuse to dismiss and follow the wishes of the victim, but they will issue a material witness warrant and arrest the victim to force them to testify. Some prosecutors will agree to dismiss the charges if the defendant stays out of trouble.
The key is to find a lawyer who knows the best approach. As a former prosecutor both in New York City and in Michigan, I've worked both sides of 100's of DV cases. I share this inside knowledge and experience with my clients charged with domestic violence in Michigan
