Michigan Domestic Violence Attorney J. Dallo explains when the victim does not want to prosecute in Michigan Domestic Violence cases. If you’ve been arrested for a Domestic Violence offense in Bloomfield Hills, Birmingham, or anywhere in Oakland County, Michigan, or surrounding areas, contact Dallo Law, P.C. at (248) 283-7000 to schedule a free and confidential consultation to discuss your defense.
Oftentimes, alleged victims, which we also call complaining witnesses or complainants, will not want to pursue the case any further. They come to me thinking that they have the say. That they can simply tell prosecution, “I don’t want to continue with this” and persecution will stop. What a lot of people have to understand that in many criminal cases, once the charges are handed over to the prosecution, prosecution can run with it. The prosecutor then has to decide if they’re going to have the support of the complaining witness or not. Yes, typically if the complaining witness doesn’t want to appear, to testify or something like that, then yes the prosecutor doesn’t have a case. So we see situations like that, I see those kinds of situations.