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Prosecutor issues warrants with no substantial evidence to support allegations

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Trucker40

Junior Member
What is the name of your state (only U.S. law)? Michigan a prosecutor issued a warrant on my stepdad based on a false allegation which was made with no substantial evidence to support the allegation. Then the same prosecutor issued a warrant based on another false allegation with no substantial evidence for my arrest as well. Is this legal that a prosecutor can just hand out warrants like a poker hand for anyone that asks for one with no substantial evidence to support her case?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Michigan a prosecutor issued a warrant on my stepdad based on a false allegation which was made with no substantial evidence to support the allegation. Then the same prosecutor issued a warrant based on another false allegation with no substantial evidence for my arrest as well. Is this legal that a prosecutor can just hand out warrants like a poker hand for anyone that asks for one with no substantial evidence to support her case?
The prosecutor issued a warrant? Because the court issues a warrant. Did you deal with your warrant?
 

justalayman

Senior Member
if there is no evidence, then winning should be a slam dunk.


How is the motion for dismissal based on a lack of evidence working for you?
 

dave33

Senior Member
What is the name of your state (only U.S. law)? Michigan a prosecutor issued a warrant on my stepdad based on a false allegation which was made with no substantial evidence to support the allegation. Then the same prosecutor issued a warrant based on another false allegation with no substantial evidence for my arrest as well. Is this legal that a prosecutor can just hand out warrants like a poker hand for anyone that asks for one with no substantial evidence to support her case?
Basically the answer is yes. The state issues warrants all the time based solely on an allegation. The prosecutor has 100% power if they "feel" enough evidence exists to issue a warrant. A prosecutor almost never (and I mean never) gets in trouble for prosecutorial misconduct.

Now that the warrant has been issued, it's time for you to go through the criminal justice process. goodluck.
 

justalayman

Senior Member
Basically the answer is yes. The state issues warrants all the time based solely on an allegation. The prosecutor has 100% power if they "feel" enough evidence exists to issue a warrant. A prosecutor almost never (and I mean never) gets in trouble for prosecutorial misconduct.

Now that the warrant has been issued, it's time for you to go through the criminal justice process. goodluck.
well, since it requires probable cause to issue a warrant (you know, that ol' US Constitution thing we keep referring to
AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
), a warrant is not to be issued without said probable cause. If a warrant is issued without probable cause, that is in itself a violation of a persons Constitutional rights.

the only reasons they would not get into trouble would be either there actually was probable cause or the aggrieved person failed to take action against the unlawful acts.
 

dave33

Senior Member
well, since it requires probable cause to issue a warrant (you know, that ol' US Constitution thing we keep referring to ), a warrant is not to be issued without said probable cause. If a warrant is issued without probable cause, that is in itself a violation of a persons Constitutional rights.

the only reasons they would not get into trouble would be either there actually was probable cause or the aggrieved person failed to take action against the unlawful acts.
I agree, we both made the same point. The thing is , is that probable cause is in many cases just a statement. My answer to the o.p. is the exact same "yes". Don't you agree?
 

Ohiogal

Queen Bee
Basically the answer is yes. The state issues warrants all the time based solely on an allegation. The prosecutor has 100% power if they "feel" enough evidence exists to issue a warrant. A prosecutor almost never (and I mean never) gets in trouble for prosecutorial misconduct.

Now that the warrant has been issued, it's time for you to go through the criminal justice process. goodluck.
Yes, prosecutor's do get in trouble for it. Convictions have gotten overturned for it. More than once. So it does happen.
 

CavemanLawyer

Senior Member
A prosecutor can initiate a charge all on their own, but it usually doesn't happen like that. Usually a police agency investigates and then files the charge with the DA's Office's approval. So.... you have absolutely no idea what evidence they have against you and your step-dad. If you want to find out you'll have to turn yourself in and force them to prove their case.
 

CdwJava

Senior Member
I agree, we both made the same point. The thing is , is that probable cause is in many cases just a statement. My answer to the o.p. is the exact same "yes". Don't you agree?
And, to clarify further, a prosecutor doesn't ISSUE a warrant. A prosecutor might apply for one, but it is the court that issues them.
 

latigo

Senior Member
. . . . How is the motion for dismissal (?) based on a lack of evidence working for you?
A motion to dismiss an arrest warrant? If there is such a thing surely I am unaware. So kindly help me here.

Where in the Michigan Court Rules covering Criminal Procedure (Chapter 6) is an accused allowed to move to dismiss either an arrest warrant (and BTW as only issued by a court! - Rule 6.102(A), an information or an indictment? Or any other processes whereby an accused is brought before a court to answer criminal charges.

Because if there is any method whereby the accused can challenge the presence of probable cause other than at a preliminary hearing, I would be intersted in knowing.

Thanks
 

justalayman

Senior Member
latigo;3220507]A motion to dismiss an arrest warrant? If there is such a thing surely I am unaware. So kindly help me here.
I am presuming the OP was arrested and arraigned. While he may have become aware of a warrant and not been arrested, it seems most people find out about warrants right after the cops snap the cuffs on.
 

latigo

Senior Member
I am presuming the OP was arrested and arraigned. While he may have become aware of a warrant and not been arrested, it seems most people find out about warrants right after the cops snap the cuffs on. (?)
Again, if you will.

Do you know of any pretrial procedure available under Michigan's Criminal Rules whereby the accused is afforded the right to contest the presence of probable cause authorizing a court to issue an arrest warrant other than in a preliminary hearing examination (M.C.R. 6.110)?

You inquired of the OP as to the status of his "motion of dismissal for lack of evidence" (probable cause) and I assumed you would know what Michigan Rule or Rules the arrestee would have invoked.
 

justalayman

Senior Member
Again, if you will.

Do you know of any pretrial procedure available under Michigan's Criminal Rules whereby the accused is afforded the right to contest the presence of probable cause authorizing a court to issue an arrest warrant other than in a preliminary hearing examination (M.C.R. 6.110)?

You inquired of the OP as to the status of his "motion of dismissal for lack of evidence" (probable cause) and I assumed you would know what Michigan Rule or Rules the arrestee would have invoked.
Not sure if you are intentionally waltzing me to the rule, testing me, or just playing with me.

but why would I have to provide the rule the OP would apply to present a motion to dismiss? The statement was made tongue in cheek since, more than likely, if the prosecutor filed charges, they do have what they feel is enough evidence to proceed with a prosecution.


beyond that, I was not referring to PC that would support a warrant for arrest as that can be a lesser requirement than that necessary to proceed with a prosecution.




but mcr 6.110 is not merely for PC to issue a warrant (although if such an argument is successful by the defense, it could result in the exclusion of any evidence obtained through the enforcement of the warrant and as such, possibly result of a finding of no evidence to support PC to continue the prosecution). It is also to contest any evidence claimed by the prosecution supporting PC to bring the charges and a time of the defense to contest that evidence in a limited manner. If the state fails to provide adequate evidence to support the prosecution of the charge presented, the court is directed to dismiss the charges.


(E) Probable Cause Finding. If, after considering the evidence, the court determines
that probable cause exists to believe both that an offense not cognizable by the
district court has been committed and that the defendant committed it, the court
must bind the defendant over for trial. If the court finds probable cause to believe
that the defendant has committed an offense cognizable by the district court, it
must proceed thereafter as if the defendant initially had been charged with that
offense.
So I ask of you; why would it be necessary to know the specific title of the rule that would allow such a motion when taunting the OP with:

How is the motion for dismissal based on a lack of evidence working for you?

I knew there was such a process available and spoke with that knowledge, regardless of knowing or not knowing the specific rule/
 

latigo

Senior Member
Not sure if you are intentionally waltzing me to the rule, testing me, or just playing with me. . . .
Sorry to have ruffled sensitive feathers. It was totally unintended!

My question is totally motivated by your response to the OP's posting.

That response suggests that in the state of Michigan - where it is my understanding, correct or wrong, that you are licensed - the presence of probable cause for the issuance of an arrest warrant can be challenged by a pretrial motion.

Which, if so, might be of benefit to the OP who claims that there is no “ substantial evidence” justifying his or his stepfather’s arrest.

And which if available could possible result in the defendants being discharged short of the inconvenience of a lengthy preliminary hearing examination. Which, such a hearing may or not be available to the defendants.

But I don’t know that it is available and apparently you don’t either. The difference here is that I admit that I don't know.

Have a nice day.

Fini!
 

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