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  1. #1

    Default Can a Judge Charge You with Crimes Based on Testimony in Court

    My question involves criminal law for the state of: MI

    Does a judge have the ability to file charges at his/her sole discretion without the advisement of prosecution? For example, if a petitioner in a civil case (i.e. restraining order hearing) or alleged victim in a criminal case presents new information or allegations at a pre-trial or restraining order hearing about new, previously unreported crimes during their testimony, can the judge for that case pursue charges independent from recommendation of state prosecutors?

  2. #2
    Join Date
    Sep 2010
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    Default Re: Can a Judge Charge You with Crime at His/Her Own Discretion

    A judge can't charge on his own. He can however have the criminal held and refer the case to a prosecutor to see if the state wishes to pursue things.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Can a Judge Charge You with Crime at His/Her Own Discretion

    Correct. A judge can initiate contempt proceedings, but in terms of criminal charges there's a separation of powers issue -- that's a function of the executive branch (the prosecutor) not the judicial branch (the judge).

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