How to get your Michigan domestic case dismissed in three steps - Being Proactive

Every case is different, and a small portion of domestic violence cases do not have a clear path to dismissal.  If you have a prior DV case, or a number of prior incidents against the same person, it will be difficult to get the prosecutor to agree to resolve the case with anything but a conviction on your record - under this scenario, you would need to set the case for trial.

Assuming you have never had a prior DV case or documented incident on the books, working toward a dismissal is very much possible.  Here is one situation where a client's case may be able to get dismissed. 

#1 - Upon being arrested, we obtain all police reports, videos, audio and statements related to the case.  There will be a no-contact order in place, so my client can't communicate with the victim, but as an attorney, I would be able to reach out if necessary.  We make a plan to go to court, and if the other party is agreeable, we seek to remove the no-contact order.  This allows my client to resume a somewhat regular life and have their mind in the right place to assist in their defense.

During this time, my client is undergoing voluntary alcohol and drug testing, especially if these substances were involved in the incident.  I will have my client get into counseling to begin better understanding the process and learning from it.  If my client is allowed to have contact with the alleged victim, I would try to get them into a joint counseling to begin to fix what lead up to the incident and begin transitioning things into a private situation vs a public embarrassment at the courthouse.  

#2 - The alleged victim will chat with a victim advocate, and if they are supportive of a favorable resolution, that will be conveyed to the prosecutor who will then be open to my requests.  The prosecutor will not simply drop the case upon request, it does not work that way in Michigan.  As long as the alleged victim is open to making the case non-public, the prosecutor may authorize 769.4A status as part of a plea resolution.  It's not easy as you may think to receive this deal, because the prosecutor must offer it and confer with the alleged victim.  

#3 - If the 769.4A is on the table, and my client determines it is the best option for his case, then we will formalize the deal and confer with the judge about avoiding upfront jail, which is likely. My client must be prepared to be on probation and fulfill the requirements of the court; a violation of probation could mean this offense going on my client's record.  Ideally we have knocked out a number of these requirements proactively, and my client is left with complying with staying out of trouble, avoiding alcohol, drugs, and paying fines and costs.  If my client still has counseling, community service and other requirements to fill, we need to make sure we have a plan for success to knock these out as quickly as possible.