ExpertLaw.com Forums

Do You Have Rights to Prosecution if You Are a Victim with a Criminal Record

Printable View

  • 12-08-2018, 09:11 AM
    zags4champs
    Do You Have Rights to Prosecution if You Are a Victim with a Criminal Record
    My question involves criminal law for the state of: MI

    If a crime is committed against you, do you have a right to seek prosecution even if you have a criminal record or a history/reputation with a police agency. I ask because a serious crime was committed against me, but a detective rationalized not pursuing an investigation because she had a vendetta against me and thought the constitution didn’t protect me because I was a ‘criminal’. This didn’t sound right to me, but I don’t know how these things actually work in practice. Isn’t it ultimately the prosecutors decision to charge it not, regardless?
  • 12-08-2018, 09:43 AM
    flyingron
    Re: Do You Have Rights to Prosecution if You Are a Victim with a Criminal Record
    An individual generally has no rights to have someone prosecuted. A crime is not a "victim" vs. "defendant" situation. It is society that is harmed by criminal behavior and it is the state that prosecutes (and determines if someone will be). Some states allow citizens to go to the court and obtain a more formalized start to prosecution, but it's still the state that ultimately carries it forward. Michigan, is not one of those states.

    If you have someone who you believe has committed a crime, make a complaint to the police department.
    If you think a police officer has improperly failed to investigate, you may make a complaint with their department. You may also complain to the prosecutor directly, and pursue it up to the state Attorney General's office.
    The AG office also maintains a victims rights office which may assist you.

    Note not all crimes are prosecutable. Remember it takes proof beyond a reasonable doubt to convict. One person's complaint against another is frequently NOT sufficient evidence to sustain a conviction. It may not even be probable cause to commence one.
  • 12-08-2018, 10:28 AM
    Taxing Matters
    Re: Do You Have Rights to Prosecution if You Are a Victim with a Criminal Record
    Quote:

    Quoting zags4champs
    View Post
    My question involves criminal law for the state of: MI

    If a crime is committed against you, do you have a right to seek prosecution even if you have a criminal record or a history/reputation with a police agency.

    You have the right to make the criminal complaint to the police and/or prosecutor. However, what they do with that complaint is for the most part up to them. They have the discretion to decide not to pursue a case for almost any reason, other than illegal discrimination (i.e. your race, etc).

    Quote:

    Quoting zags4champs
    View Post
    I ask because a serious crime was committed against me, but a detective rationalized not pursuing an investigation because she had a vendetta against me and thought the constitution didn’t protect me because I was a ‘criminal’. This didn’t sound right to me, but I don’t know how these things actually work in practice. Isn’t it ultimately the prosecutors decision to charge it not, regardless?

    That detective is clearly clueless on what the Constitution says. I'm not surprised. Cops are not trained on much of Constitututional law other than what the constitution demands for search warrants, arrests, and interrogation. Go to the prosecutor to see if you might get a better response than you got from the cops.
  • 12-08-2018, 12:46 PM
    cdwjava
    Re: Do You Have Rights to Prosecution if You Are a Victim with a Criminal Record
    Quote:

    Quoting zags4champs
    View Post
    My question involves criminal law for the state of: MI

    If a crime is committed against you, do you have a right to seek prosecution even if you have a criminal record or a history/reputation with a police agency. I ask because a serious crime was committed against me, but a detective rationalized not pursuing an investigation because she had a vendetta against me and thought the constitution didn’t protect me because I was a ‘criminal’. This didn’t sound right to me, but I don’t know how these things actually work in practice. Isn’t it ultimately the prosecutors decision to charge it not, regardless?

    So, the detective actually admitted to you that she possessed a "vendetta" against you? And, she actually said that the Constitution does not protect you against crime because you are a "criminal?" That sounds ... far fetched.

    Is this still about your lamented issues with the university police so long ago?

    If a detective is assigned to a case and does not wish to investigate, that is a matter for their supervisor. You can certainly complain about it and see what comes of it. It may be that there is nothing that can be done about whatever matter this is related to. It could be that the detective feels it is a waste of time and the prosecutor could never make a case out of it anyway. About all you can do if the agency declines to pursue an investigation is talk to the prosecutor's office directly. You can also engage an attorney and sue the other party if you have any damages, and the other party has any means to pay an award.
All times are GMT -7. The time now is 05:08 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved