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Police Misconduct? Michigan

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Andrew Hill

Junior Member
I bought a truck off a friend, fixed it and was taking payments from same friend to have him buy it back. He was 3/4 paid off and we lend money to each other all the time no problem. I gave him the signed title but he did not transfer it. He and his roomate had a party and someone else stole it and commited fleeing and eluding felony 3rd degree. I know who it was that commited the crime and told the police within days. The detective in charge told me it was my responcibility to have the witnesses come in and make statements or she will just charge me and let the courts settle it. This is after I told her who it was, where it was taken from, who the witnesses are, where to find them (the witnesses). Worse off I even came in with a witness once (they're all scared of the guy who did it, honestly I am too but not enough to take a felony I didn't do.) but the police refused to take a statement without the detective in charge there and I can no longer convince this witness to come in on her own.

I changed my address 2 weeks before the end of june (my b-day) and the paperwork was filed in mid july yet the detective sent it to the wrong house. I did not find out that the charges were acually filed until I went into my unrelated probation meeting where I was supposed to be released for sucessfully completing my probation without a single violation only to find out I had a felony warrent. I was lucky that my p.o. let me walk out the door especially because my actual p.o. retired days before that and get a lawyer and turn my self in instead of the next city over picking me up instantly which is somthing I think the detective was trying to do. (have me not know about the warrent and get picked up before I had my lawyer)

is what this detective doing legal?

Also my lawyer told me 750 to defend me I paid and after 2nd court apperence which was nothing more than a delay of court procedings (he also showed up late) he wants 750 more because "he thought I was kidding when I said it was a felony and his normal rate is 3000 for felony cases so he's giving me a deal at half off because its his mistake."

I'm scared I'm going to be a first time felon for somthing I didn't do. And I can't afford to have my lawer change his mind whenever he wants about how much money he wants. (where's the limit)

Warning: be scared of livonia they care more about conviction numbers than acually convicting the right person.
 
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FlyingRon

Senior Member
I fail to see the misconduct. They have probable cause to believe you committed the offense. They are under no obligation to take your word for it that someone else did it.
 

seniorjudge

Senior Member
I fail to see the misconduct. They have probable cause to believe you committed the offense. They are under no obligation to take your word for it that someone else did it.
Andrew Hill, I'd also like to know the statute number under which you are charged.
 

Andrew Hill

Junior Member
just called the lawyer to find out but he said to just google felony fleeing and eluding michigan where else can I get it?

They have no obligation to atleast check into it?
no obligation to take a witness statement without the detective being there?

I'm posting because having to spend 2000+ to defend myself for somthing when I have been telling them who it was isn't acceptable to me . I want to know if I can sue livonia for my costs because at the very least me and my witness should not have been turned away before she could make a statement. even if they think she is lying they should have let her make it, If they can prove its false then they could charge her with making a false statement. But in fact If they would have sent one officer to talk to one person the right person would have been charged. its called Confirmation bias when someone only looks at the evedince that supports thier predetermined concllusion even before they seen any and all facts.
 
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tranquility

Senior Member
Don't even think about a lawsuit until you win the criminal case. You are barred from a civil rights suit by Supreme Court case law unless that happens.

The police do have a duty to present to you any exculpatory information they have during discovery. They need to do a reasonable investigation as well. However, since you have all the witness information, they did not violate their duty in the first place; and, since we don't know what information they have to point the finger at you, we don't know if they violated anything in the second.

I don't see the misconduct here at this time. The police need to do a reasonable job and not an exhaustive job in the investigation. Even if they took the witness statement, it really doesn't change anything does it? You can get the witness statement yourself in your defense. If they have probable cause to arrest you based on the evidence they do have, they are protected. Other evidence would not lower the probable cause evidence, it could only provide a probable cause for someone else as well and could give a logical argument as to why you were not the guy. The law is not about logic.

You might be able to make a complaint about the detective if you'd like. I mean, they are paid to "detect" and it does not seem it happened here. That's not a compensable civil rights violation, but it does seem wrong.
 

Andrew Hill

Junior Member
wow, its perfectly legal to refuse to take a statement, and it doesn't violate my right to be free from undue prosecution. Time to start looking into moving to canada when this is over. Also about the lawsuit thing, don't think i'm just after money if any good lawyer would take a suit probono I'd sue for nothing more then the detective's removal if I could, I mean really, she couldn't at least call one of the poeple I told her witnessed the truck being taken by someone else?

Tunnel vision is the last thing an INVESTIGATOR should have as I would have thought the very definition of investigating included the words To view a problem from ALL SIDES.
 

tranquility

Senior Member
wow, its perfectly legal to refuse to take a statement, and it doesn't violate my right to be free from undue prosecution.
You don't get to determine what a reasonable investigation is. Think about it. Say you are pulled over for speeding. You say "It wasn't me. There was a car that looked just like mine that passed me. Go catch him.", would the officer have to go catch him? Suspects don't get to tell the police who to interview. They make their statement and the police get to decide what to do.

Time to start looking into moving to canada when this is over.
Do you think *ANY* country in the world would be any different? It's a matter of resources. Once the police feel they have enough facts to convince themselves they've got the right guy, they stop. They don't keep looking to make sure. (Unless it is reasonable to do so.)

Also about the lawsuit thing, don't think i'm just after money if any good lawyer would take a suit probono I'd sue for nothing more then the detective's removal if I could, I mean really, she couldn't at least call one of the poeple I told her witnessed the truck being taken by someone else?
Even if you win your case completely, no one is going to take this. Pro Bono or otherwise. You have little in damages and the case will require expert testimony saying that no reasonable police officer would consider not calling the witness as part of their reasonable investigation. Experts are expensive and are paid up front. Besides, I don't think there would be a duty to call your buddy and ask him what he saw if the police, through other means, think it was you.

Tunnel vision is the last thing an INVESTIGATOR should have as I would have thought the very definition of investigating included the words To view a problem from ALL SIDES.
It's a good thing you know about the guy. You get your attorney to interview the witness and follow-up on that. You or a friend can do it too. If you get an affidavit stating what he saw, perhaps the prosecutor will look into it as well.
 

Dillon

Senior Member
If you have a lawyer, why are you posting here?
sounds like he had a CRIMINAL lawyer, but he wanted one that was not a criminal.

learn a lesson, I never hire a lawyer without a very detailed contract of all fees and expenses. monetary penalities for him late filing any documents etc

provisions for monetary penalties for any errors he makes with strict time limits on his performance and required weekly phone update of the case.

i would get his detailed plan of action and have him explain it to you in laymens terms.

I get referances from past clients before hiring anyone

but that would be next time, you may have to take a loss
 
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Darras-Law

Junior Member
Nothing illegal

I think police was right, nothing wrong if they did not take your statement. You can check with law consultant.
 

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