Domestic Violence Charge: She Lied But They're Charging Me Anyway

As a Michigan Domestic Violence attorney, each day we hear things like: "My wife and I had a heated argument over X.  I never touched her, but she called 911 and said I had my hands on her neck and that I pushed her.  The police came and arrested me immediately.  Right then, she confessed that she lied, but they took me to Jail anyway.  She told the prosecutor she wants to drop the charges, but they won't!"

I wish I could tell you that I am shocked, but the fact is, this is very common when dealing with Michigan Domestic Violence charges.  The fact of the matter is that police and prosecutors believe (or claim to believe) that the first "statement" the accuser makes is most likely to be the truth, and if she later recants, it must be only because she is being pressured or threatened to change her story.  In-fact, it is right in the Prosecutors' "DV Trial Manual" that prosecutors are trained with.  But don't prosecutors have an obligation to do justice and not merely convict?  Absolutely, but...

All too often, prosecutors are more concerned about their jobs and the pressure from their office.  Police and prosecutors often see their job as finding ways to convict people, and ignoring evidence that would support innocence.  This is especially true in a Domestic Violence charge.  Even if your significant other goes to the police or prosecutors begging and saying she wants to "drop the charges," she will likely be told that "this case is being prosecuted by the State of Michigan," and she is "just a witness."  Technically, this is true.

However, an experienced Michigan Domestic Violence lawyer can help in this situation.  In-fact, the lies of the accuser could even land her in criminal trouble, and may therefore give her the right to assert her 5th Amendment Privilege and refuse to testify in your case.  If so, unless the prosecution has a nasty 911 call that satisfies certain conditions, the State may be forced to dismiss the charges.  Call The Law Office of Brian J. Prain, PLLC anytime at (248) 731-4543 for a free, detailed consultation.  Or, fill out the Contact Form.

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