MICHIGAN DOMESTIC VIOLENCE - The Survival Guide -
  • Domestic Violence
  • Divorce/Custody Issues
    • Filing for Divorce
    • Child Custody
    • Parenting Time
    • Moving with the Kids
    • Spousal Support
    • Personal Protection Orders
    • Property Division
    • Retirement Benefits
    • Child Support
    • Prenuptial Agreements
  • Survival Guides
    • Wayne County >
      • Wayne County
      • Plymouth Canton Northville
      • Dearborn
      • Livonia
      • Woodhaven/Brownstown Twp
      • Westland
      • Romulus - Belleville - Van Buren Twp
    • Oakland County >
      • Novi
      • Rochester Hills
      • Farmington Hills
      • Royal Oak
      • Troy/Clawson
      • Bloomfield Hills
      • Southfield
      • Waterford
      • Oak Park
      • Clarkston/White Lake
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Township
      • Ypsilanti 14A-2
      • Chelsea
      • Saline
      • Ypsilanti 14-B
    • Ingham County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
    • Macomb County
  • Our Team
  • Meet Jonathan
  • Reviews

Win Your Trial: How to beat your Michigan DV charges in court

5/11/2017

 
There's many ways to beat a domestic violence charge at trial in Michigan, but the best way to win at trial is to not go to trial or for a jury or witness to be sworn in.  Here's an example of how that would happen.

My client is charged with domestic violence in Michigan, and we're exploring all pretrial options for resolution.  Although the 769.4A is on the table, it would mean my client going on probation for 12 to 18 months and being one slip-up away from going to jail.  While this avoids the criminal charge, you still need to earn it over those months.  The client tells me that his or her spouse does not want to testify and would prefer that the whole case goes away.  The prosecutor will not just dismiss charges because that is not the public position they want to take on domestic violence, but there is an avenue to getting that same result.  

In certain courts with certain prosecutors, I would talk to my client about setting their case for a bench trial vs a jury trial.  The idea is that we don't pick a jury, drain court resources when we know that the victim/witness will not show.  We set it for a bench trial and skip the time consuming process of a jury with the idea that the prosecutor will not pursue a material witness warrant and have the victim/witness arrested and forced onto the witness stand. 

I have a pretty good idea of what courts this would work and with what prosecutors and judges. The key here, my client, his/her family/friends or anyone associated with them cannot tell the victim/witness to not comply with a subpoena - this is witness tampering and a felony.  I tell all of my clients that the other party can pursue whatever means they want in terms of the case and they are free to appear or not appear.  They can hire a lawyer of their own or not hire a lawyer; they can face contempt of court for not complying or not face any contempt, it's their thing, my only interest is in my client, not the other person.  

Comments are closed.
    Picture
    Picture
    Picture
    Picture
    Call Me: 248-924-9458
    Click to Email Me
    Picture
    10.0Jonathan Andrew Paul

    Categories

    All
    769.4a
    Aggravated DV
    Alcohol/drug Testing
    Am I A Bad Person?
    Asset Allocation
    Being Proactive
    Career/Job Concerns
    Change Of Domicile
    Child Custody
    Child Protective Services
    Child Support
    Confession To Police
    Dismissal
    Divorce
    DV Probation
    DV Trial
    Employment
    Female - DV Charges
    Going To Jail?
    Going To Trial?
    Injury Required?
    Jury Vs Bench Trial
    Kids Testifying
    Material Witness Warrant
    Moving With Kids
    Mutual Incident
    No Contact Order
    No-Contact Order
    Parenting Time
    Penalties For DV
    Prior DV
    Pushing/Shoving
    Retirement
    Returning To The Home
    Seeing Your Kids
    Spousal Privilege
    Spousal Support
    Subpoena
    Taking The House Away
    Travel Requests
    Victim Testifying

DV Attorney & Former Prosecutor Jonathan Paul

Picture
Email Me Now

Representing Clients Charged with DV in Michigan

Representing clients charged with a Domestic VIolence in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Genesee, Macomb, Ingham, Lenawee, Livingston and Oakland County. 

Picture
  • Domestic Violence
  • Divorce/Custody Issues
    • Filing for Divorce
    • Child Custody
    • Parenting Time
    • Moving with the Kids
    • Spousal Support
    • Personal Protection Orders
    • Property Division
    • Retirement Benefits
    • Child Support
    • Prenuptial Agreements
  • Survival Guides
    • Wayne County >
      • Wayne County
      • Plymouth Canton Northville
      • Dearborn
      • Livonia
      • Woodhaven/Brownstown Twp
      • Westland
      • Romulus - Belleville - Van Buren Twp
    • Oakland County >
      • Novi
      • Rochester Hills
      • Farmington Hills
      • Royal Oak
      • Troy/Clawson
      • Bloomfield Hills
      • Southfield
      • Waterford
      • Oak Park
      • Clarkston/White Lake
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Township
      • Ypsilanti 14A-2
      • Chelsea
      • Saline
      • Ypsilanti 14-B
    • Ingham County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
    • Macomb County
  • Our Team
  • Meet Jonathan
  • Reviews