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In Michigan if a person drops charges, can they get mad at…

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In Michigan if a...

In Michigan if a person drops charges, can they get mad at the same person for any known or unknown reason and simply refile the same charges?

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Submitted: 6 months ago.Category: Criminal Law
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Answered in 4 minutes by:
11/19/2017
Criminal Lawyer: LegalPro54, Lawyer replied 6 months ago
LegalPro54
LegalPro54, Lawyer
Category: Criminal Law
Satisfied Customers: 14,057
Experience: I can provide detailed, thoughtful assistance to help you solve your legal problems.
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Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Private parties do not and cannot file criminal charges. Only the District Attorney's Office can actually file criminal charges. You will sometimes here about victims "dropping charges" because often the DA will give consideration to whether the victim wants to see a prosecution, or how cooperative the victim is likely to be as a witness. But this is not mandatory and the victim has no actual power when it comes to dropping charges. They certainly have no power to reinitiate charges, and once the DA drops a case they are very unlikely to reopen it, absent the discovery of new and highly compelling additional evidence.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 6 months ago
My 21 yr. Old son and I got into an altercation this week at my home I own. He pushed me down I pulled a knife as he is much bigger/stronger than I. He called the police I went to jail for two days he later dropped the charges and they let me out of jail due to him dropping these charges. I dont feel safe NOW in my own home and am now staying with my mother. I want him out of my house! Someone suggested getting a PPO others have suggested filing a 7 day or 30 day eviction notice???what is the best legayl rememdy and what is the difference between 7 day vs 30 day eviction???
Criminal Lawyer: LegalPro54, Lawyer replied 6 months ago

Thank you. This is a completely separate question and unfortunately it is a matter of landlord tenant law, which I do not handle. You would have much better luck reposting this new question in the landlord tenant section of this website where you will receive a qualified response.

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Customer reply replied 6 months ago
PPO is NOT a landlord tenant issue!
Answer the question
Customer reply replied 6 months ago
Can u answer the question as it relates to the PPO??????
Criminal Lawyer: Barrister, Criminal Defense Law replied 6 months ago
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 41,633
Experience: 17 years practicing criminal defense.
Verified

Hello, different expert here... Are you still looking for help with your situation?

.

Are you the owner of the house or the only one on a lease?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
My girlfriend owns the house her 21 yr. Old son won't even let her in her own house! & he got physical with her as I stated previously and she ended up in jail for two days!
Criminal Lawyer: Barrister, Criminal Defense Law replied 6 months ago

Ok, then if she is in fear for her safety, she could file for a protective order at the local courthouse and if the judge granted it, the son would have to move out immediately as soon as the sheriff served it on him.

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Otherwise, if she owns the property, she is legally the landlord and the son is a month to month tenant under an oral tenancy agreement. She could give him a written 30 day notice to vacate and then if he didn't move out, file a formal eviction case in the local court to get a judgment and a writ that the sheriff would execute to forcibly remove the son from the property. That takes about a month after the 30 day notice expires from start to finish..

.

.

thanks

Barrister

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Criminal Lawyer: Barrister, Criminal Defense Law replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 41,633
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Experience: 17 years practicing criminal defense.

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