My question involves criminal law for the state of: Michigan
I’m going to preface this by saying that I (personally) am very black/white insofar as law. I don’t play devil’s advocate much and tend to be in the camp of “you reap what you sow” (I’m 45 and never had a parking ticket). My husband, also, is in law enforcement. So, to that end, I have a very strong respect for the law and those that enforce it.
That said, though, I’ve encountered a situation that is quite upsetting. A family member was arrested for OWI (he passed out in a car) and it has just been one insane thing after another with this PO that is almost worthy of a soap opera!
The PO changes the judges orders. The judge ordered two weeks jail time, and the PO changed the release date after the judges orders (and the person was already in jail). In no specific order, some of the things the PO has ordered:
- She has scheduled four breath-tests a day. The machine keeps malfunctioning and showing passed then she calls that she got notice that it failed (even though there is video proof of the machine saying pass). When he asked if he could go to the police department to ensure the tests were done properly, the PO said no.
- She orders daily random drug tests. Again, this is understandable..yes, it’s a headache but nobody is denying it is her right. She is insisting, though, that he go to this one specific testing facility (which, by the way, is the facility known to be owned by the judges). Even the workers at the facility are shocked to see him every day and joke that he really pissed someone off because the daily thing just shocks them!
- at the most recent court hearing, she tried to demand 1 million bond. Even the judge threw up her hands and said “he isn’t a murderer”. The PO actually SCREAMED at the judge trying to get the bond changed.
- She told the person they cannot wash with soap, brush their teeth, use mouthwash..use hand santizer, nothing. No, not just before testing, but at all. There was a witness with him when she said this. He asked “how do I keep clean?” she just laughed and said she didn’t care…use water.
Ok, all that aside because I agree that a PO has the right to do anything they want, as they are not in the business of making things comfortable for the probationer. Here is the thing. I just couldn’t figure out why she was being so hard on this person. Trust me, again, I’m a proponent of tough love and tough laws. She was just so outrageous in her anger it seemed too personal. Well, I did a little digging and found the org chart for her office..and I now think I know what is going on.
Her boss is the first cousin of the defendant’s ex-wife. They are going through a very contentious custody battle right now (he is fighting for sole custody). Her (the ex-wife’s) family own a restaurant in that jurisdiction, and on any given day of the week, you can go in and see the court personnel, officers, etc. eating and drinking there for free (this has been a standard for nearly three decades). Again, I’m no conspiracy theorist, but if you step back and consider, having the parent suing for full custody in jail or on drinking charges sure helps make the case die, right? Considering how venomous she is, and everything she is doing, it almost seems plausible.
I should also add that the ex-wife has referenced the OWI case in her court filings (as a suggestion of his character). Those proceedings are not public record, so it shows she is getting inside information. Even if she knew offhand about the case, the things she has mentioned were very court specific (for instance, a particular identification document he was asked to surrender on condition of probation).
I guess the question is, what can be done here? As I said, I am not necessarily sympathetic to those that break the law. But, I also feel that laws should be enforced justly.

