Family Assault Charge Process

Summary

In Michigan, the decision to press charges in assault cases is primarily the prosecutors, not the victims. Even if you didnt want to press charges, the state can proceed if they believe a crime occurred. You may be called as a witness if the case goes to trial. You can express your unwillingness to testify to the prosecutor, but if a subpoena is issued, you are legally obligated to testify. Refusal can lead to contempt of court charges. You can request the prosecutor to drop the charges, but the decision is ultimately up to the prosecutor. Seeking legal counsel can help navigate this process.

Full Conversation

I have a question
Hello Amber, I'd be happy to help. Could you please tell me your question and your location so I can provide the most accurate information?
A family member was arrested on assault on me but I didn’t wanna press chargers or anything because it was a accident and I wasn’t given a choice if I wanted to or not
Hello Amber, it seems like you're in a complex situation. In many jurisdictions, the decision to press charges in assault cases rests with the state, not the victim. Can you please specify your location so I can provide more specific information?
I’m located in Boyne falls Michigan
In Michigan:
- The decision to press charges is primarily the prosecutor's, not the victim's.
- Even if you didn't want to press charges, the state can proceed if they believe a crime occurred.
- You may be called as a witness if the case goes to trial.
What if I don’t wanna testify
In Michigan:
- You can express your unwillingness to testify to the prosecutor.
- However, if a subpoena is issued, you are legally obligated to testify.
- Refusal can lead to contempt of court charges.

Speak to a lawyer for personalized advice.
Or what if I want chargers dropped
In Michigan:
- You can request the prosecutor to drop the charges.
- However, the decision is ultimately up to the prosecutor.
- Seeking legal counsel can help navigate this process.
Remember, every case is unique and this is only general advice.
So either way if I didn’t want chargers to be pressed I still have to testify so I don’t go to jail myself
That's correct, Amber. In Michigan, if you are subpoenaed to testify and refuse, you could face legal consequences such as charges for contempt of court. It's important to consult with a lawyer for personalized advice.