Michigan Domestic Violence Defense Lawyer Brian J. Prain Explains What Prosecutors Tell Your Alleged Victim.
I am a Michigan Domestic Violence Defense Lawyer, which means that I know a thing or two about what happens when you are facing a Michigan Domestic Violence charge or an Aggravated Domestic Violence charge. While your case is pending, you probably have a No Contact Order prohibiting you from any form of communication with the alleged victim. However, your alleged victim is receiving communications from the Prosecuting Attorney and/or from the Victim Advocate, a person employed by the government to help alleged victims of Domestic Violence assert their rights and have their opinions heard under the Michigan Crime Victim Rights Act. Here is what they are communicating to the alleged victim of your Domestic Violence charge:
- An overview of the criminal justice system in a Michigan Domestic Violence charge in both Misdemeanor DV and Felony DV cases, including what happens at an Arraignment and what pleas the Court will accept, Pre-Exam Conference, Preliminary Examination, Arraignment on the Information, Pretrials, Trials, and Sentencings.
- That as an alleged victim of a Michigan Domestic Violence crime, they may receive compensation from the Crime Victim Compensation Fund.
- Whether or not the Prosecutor's Office has a special Crime Victim Rights Unit that participates in Domestic Violence charges to "advocate" for the alleged victim of the Domestic Violence.
- That the Crime Victim Rights Advocate will provide them with emotional support, intervention, case status information, consultation with the Prosecuting Attorney, and that they will go to Court with the alleged victim as you face your Michigan Domestic Violence charge.
- That they have the absolute right to talk to the Prosecuting Attorney before any plea deal is entered into with you in your Domestic Violence case. In other words, even if the Prosecutor wants to give you a great plea deal, the Prosecutor cannot do so until they have consulted with the alleged victim of the Domestic Violence and asked that person what they feel should happen to you.
- That as the alleged victim of a Michigan Domestic Violence charge, they have certain rights upon request, such as: the right to be notified of and to appear at any Court hearing in your Domestic Violence case, the right to consult with the Prosecuting Attorney before Jury selection begins and to tell them what they think should happen to you, the right to make an oral Statement to the Probation agent who prepares your Pre-Sentence Investigation Report if you are convicted of Domestic Violence because you plead guilty or no contest or were found guilty of Domestic Violence after Trial (this Report is the document that the Judge relies on to determine what your sentence should be), and the right to appear at your Sentencing and tell the Judge what they think should happen to you (i.e. if they think you should get Probation or go to Jail), or to designate anyone over age 18 to speak for them at your Sentencing (such as a Police Officer that they may know).
- There are many others, but it would be beyond the scope of this article.
As you can see, when you are facing a Michigan Domestic Violence charge or a Michigan Aggravated Domestic Violence charge, your alleged victim has a lot of power over the Prosecutor and what type of a plea offer they can give you and potentially what your sentence could be. But remember, this is your case, your life, your freedom, your future, and your rights. NOBODY can take away your right to be presumed innocent until every single element of that Michigan Domestic Violence charge is proven beyond a reasonable doubt, your right to a Trial where the Prosecutor has the burden of proof, your right to a competent Michigan Domestic Violence Lawyer, and your right to be heard and tell your side of the story (or remain silent and not have it held against you). Putting these priceless rights to work in the best way possible in your Michigan Domestic Violence charge requires an attorney with knowledge, guts, honor, skill, caring, and most of all, work-ethic.
If you are facing a Michigan Domestic Violence charge, you face up to 93 days in Jail and/or up to a $500.00 fine and permanent damage to your reputation. It is serious business. But if handled right, it can have minimal impact. Call The Law Office of Brian J. Prain, PLLC, the Michigan Domestic Violence Attorney, for a free (but priceless) face-to-face consultation immediately, 24/7, at (248) 731-4543. We have NEVER had a Domestic Violence client end up in Jail! What are you waiting for?