What "Plea" is Best

[lenaselenab]

My question involves criminal law for the state of: Michigan.
What would be the best "plea" for him to make which will grant him probation, no jail time and no felony record?
I am a victim of aggravated assault by my ex. We were out late, both had been drinking. We got into an arguement and he grabbed me...Me being afraid, tried to get away from him. In the tussle, I wound up falling onto a wall which resulted in me breaking my arm. There were witnesses. Most saw only the end result (which visually was gruesome) and one other claims to have seen the entire incident. The witnesses saw him strike me. I have not heard what the one witness who claims to have seen the entire thing said. The police took him to jail and the ambulance took me to the hospital. I had to have surgery as a result. Our relationship had been strained even before this happened. In my police report (in my drunken state) I gave my honest feelings about our relationship, how I was treated by him and afraid of him. These things were VERY true, but because of the excitement of the situation, it sounds like he is a monster to anyone reading it. Sad, but true, it was difficult being with him as belittled me daily and didn't respect me. He would never yell or argue... he was usually quiet. Despite the bad things, we would do things together ALL the time, we were extremely close and we lived together. but his verbal abuse of belittlement just tore me down emotionally. I was always afraid he'd have a breaking point moment and may harm me. I am not with him anymore. I feel horrible about the entire situation. I want him to 'learn a lesson' , but I do not want him to suffer by getting a felony record for this. I also don't want him to have to go to prison. I have sought much legal advice on the matter. Everyone is saying that the end result is what the prosecuter decides. I want to have the charges lessoned to a misdemeanor and ask for some type of settlement or agreement for him to pay restitution for my hospital bills. Is there any way to do this? He has a lawyer and is set for pre-trial. I am not emotionally going through anything. I know that NO ONE has any right to put there hands on anyone and I am not excusing him for doing it either. Our relationship just was not a good fit like we thought. I DO NOT believe that he is harm to society or other women. He has NEVER had a history or even a hint of physical abuse in his past at all. Like I said, there has been a lot of strain in our relationship adding up to this moment.
Is there any way for me to talk w/the proscecuter and/or write the judge a letter stating my opinion of the matter? Can I ask for a lessor charge or drop them all together and ask for an agreement between me and my ex for restitution. I know that he would pay for my hospital bills. I also know that this is a 'STATE' matter and notme vs him. What can I do? ***ALSO - if this doesn't work what would be the best "plea" for him to make which will grant him probation, no jail time and no felony record?

[aardvarc]

My question involves criminal law for the state of: Michigan.
What would be the best "plea" for him to make which will grant him probation, no jail time and no felony record?

He only gets to plead one of two things: guilty, or not guilty, to the charges the state decides to bring against him. The prosecution may decide to offer lesser charges in exchange for a guilty plea, but they are absolutely under no obligation to offer anything less than the maximum. In a case where there were witnesses and documented injuries, the prosecution doesn't appear to have any REASON to offer less. Prosecutors get paid to prosecute, and for violent crimes (which this is considered), offers of lesser charges are typically only seen when the state feels that their case may be weak or their case is problematic for some reason.

As the victim in the case, you DO have rights as far as being able to address the court at sentencing, and make your feelings about the situation known to the judge prior to the judge passing sentence. You can ask that restitution for your medical expenses be made part of his sentence, but if he is sentenced to prison time, it may be a very long time before you see much in the way of payment. Contact the Clerk of Court and ask to be put in touch with the Victim Adcoate for the criminal court. That person will be able to make sure that you get your two cents in to the court.

Michigan also has a very comprehensive Victim Rights Manual, that will explain more of these processes and ways for you as the victim to participate in the process. particularly in regard to expenses (you may be able to be reimbursed for expenses, even if HE doesn't pay):

http://courts.mi.gov/mji/resources/c...hts-Manual.pdf

[lenaselenab]

I am certian whether he is made to pay restitution or not, he will pay for my hospital biills. Do I even have a voice in the matter??? Can I be a character witness for him even though he hurt me? It was a major mistake that resulted in me getting seriouly hurt. It should not of even happened...but it did...and yes, he will have to deal with the consequences of it. BUT, he is NOT this monster that they are making him out to be. He is a REALLY good person who just blew it at the moment. There has to be some form of justice or consideration for those who "just blew it". Why is the legal sytem this way??? There are far worse people out there than this. It doesn't seem fair. Yes, give him probation, a warning, make him pay money, but the possibility of sending a man who doesn't deserve to be in prison to prison or giving him a horrible record...possibly a felony one at that?! It isn't right. I am the victim here and I am wanting to plead for him because I KNOW THIS WAS A HUGE MISTAKE. I am not speaking from emotions. This man does not deserve this at all! Don't I, the VICTIM, have a voice in the matter at all??????

[aardvarc]

The issue is that you are not the ONLY victim. Crimes are considered to be committed against ALL members of society. If he was willing or able to "make a huge mistake" with YOU, he's just as capable of making a similar huge mistake with anyone else. Sure, there are far worse people out there, and those people are likely to face heavier penalties, longer periods of incarceration or even be eligible for the death penalty. The elected legislators in your state have spelled out what types of actions are crimes, and what the penalties for those crimes could be. The crime and the penalty go hand in hand. He chose actions that the law considers a serious crime, and the potential penalties aren't just willy nilly picked out of a hat by the judge - there are definitive penalties in place so that (a) everyone has the ability to know the possible consequences of their actions, and (b) so that people convicted of the same charges face similar penalties. If you want the law to change such that taking actions that send people to the hospital via violence doesn't deserve the level of penalty that is currently in place, you can most certainly ask your state's lawmakers to change the law and lessen the penalties. As noted above, yes, you have the right to address the court and make your feelings about the matter known. That doesn't give you the right to DECIDE on the eventual outcome, that's the job of the judge whose responsibility is not ONLY to the immediate victim in the case, but to ALL members of society whom he might "just blow it" around.

[lenaselenab]

When would I share my opinion? At the pre-trial? Do I have to wait until the pre-trial to say something? Do I say nothing at all at the pre-trial and wait uintil after? Can't I speak w/the prosecuter BEFORE the pre-trial date about my opinion? What can I do BEFORE or aftrer?

[aardvarc]

You need to contact the Victim Advocate in the criminal court in question - start by calling the prosecutor's office and getting that person's name and contact info. They work to ensure that you have access to the process at various stages throughout the proceedings. Specifically in Michigan, you have the right to attend all court proceedings that the accused has the right to attend (unless you are sequestered pending your testimoney), to confer with the prosecution before the trial and before the jury is selected, and to make oral or written statements to the court at sentencing (ie asking for leniency).