Child Abuse Michigan

My question involves child abuse or neglect in the State of: Michigan

My brother is being charged with child abuse fourth degree for giving my nephew a boot to the butt, he used the side of his foot and my nephew was telling a friend at school-teacher overheard the conversation and reported it to Cps. According to my sister-in-law, Cps dropped the case, the state then picked it up and is prosecuting. There were no bruises, no marks of any sort and my brother has no record of any kind.
My sister-in-law talked with the prosecutor and she told her that if he pleads guilty that she could do 6 months counseling and a class for my brother and nephew to take together then sentence would then be deferred. Being that they put a no contact order on my brother with his son, and wife if he pleads this way he will be able to go home. So he is thinking of pleading guilty and I don't think that he should, so looking to see what the best route for him to go would be.

Its the railroad system at work. He pleads guilty and gets the counsiling and such, but what they aren't telling you is that the conviction could also prohibit him from owning or possessing firearms and the plea will give him an unforgiving image of domestic abuser, a child beater.

NEVER plea guilty. Fight it and fight it hard. It'll cost you and there's no promise of winning. But, unlike a plea deal, there is hope.

Do not talk to the DA again. Their job is not to help you, but to help their own cause of acquring convictions. Talk to an attorney, a public defender, if you ABSOLUTELY must. { PD's are part of the railroad system, too} Make no comment as to guilt or innocence, but only of the facts of what the police are saying. Speaking of that............

Get a copy of the police report, see what it says. Know what they are contending, who they interviewed, what they are recommending for prosecution.

Above all, hire an attorney. Like I said, it will cost you, but the cost is outweighed by the benefits.

The DA may make a different offer and it may seem to your advantage, but NOTHING short of accquital is to your benefit.

A deferral, with successfully completed probation, means that there's no criminal conviction. Going to trial risks a conviction; that's something your brother needs to decide with his lawyer. You should not assume that you know all of the facts.

zedex is playing the part of a paranoid fool, who could put your brother on the fast track to a conviction and also being further excluded from the family unit.

Quote:

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Quoting Mr. Knowitall

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Going to trial risks a conviction

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And trust Mr. KIA on that one. It can and definitely does happen, even for the innocent; trust me on that one.