Can I dismiss Domestic Violence Charges?
Couples get heated and they have fights. Sometimes the fights are over a separation, allegations of cheating, or a fight over the kids. Sometimes tension just builds from being stuck in the same house with someone. The fight escalates and one person decides to call the police. Sometimes the call is because it is necessary and other times it is for the wrong reason, such as teaching that other person a lesson or to get an edge in a divorce or custody battle.
If you have been accused of domestic violence contact Michigan domestic violence lawyer, Aaron J. Boria today (734) 453-7806.
Domestic Violence Charges
The problem with making a domestic violence report to the police is that it is very hard to take it back. So in the cases that a report probably did not need to be made or should not have been made a serious problem could be created.
Domestic Violence Penalties in Michigan
Domestic violence is a crime. It is punishable by up to 93 days in jail, 1 year, or even more depending on the allegations.
A domestic violence conviction will result in the defendant losing their privilege to posses a firearm, which for many people means the loss of their job.
There is a tremendous amount of pressure on prosecutors to convict those charged with domestic violence and on judges to hand out harsh punishments.
Can I dismiss Domestic Violence Charges?
Judge Bondy of the 52-1 District Court in Novi said it best, “when you invite the government into your home it isn’t on your terms”. What he meant was that when you call the police and report a crime of domestic violence the police are going to do their job and that is arrest the suspect and the prosecutor is going to prosecute.
The domestic violence case is not you versus your husband or whomever you called the police on. The case becomes the State of Michigan versus whomever you called the police on. You are not a party to the case you are simply a witness and the state, not you, gets to decide if the case should be dismissed.
Prosecutors are incredibly reluctant to dismiss domestic violence charges. Some prosecutors will even go so far as to threaten the person who made the complaint with a charge of filing a false police report should they recant. In many cases it is an empty threat. This is wrong, prosecutors should be seeking truth and not out to ruin peoples lives. There are ways around the issue of filing the false police report.
Domestic Violence Lawyer
At Aaron J. Boria, PLLC, we realize that mistakes happen on both sides of any domestic violence complaint. We take pride in doing everything we can so that those mistakes don’t ruin your life. If you or someone you care about is facing domestic violence charges contact our office today for a free consultation (734) 453-7806.
Aaron J. Boria has obtained Not Guilty verdicts and outright dismissals in courts all over the State of Michigan.
