Frequently Asked Questions

Tell me about Monroe County...

Monroe County was established in 1817 as one of the first steps in the organization of the Michigan Territory after the War of 1812. As one of Michigan's oldest communities, numerous historic landmarks and events make Monroe County an appealing place to visit for individuals from across the country. Monroe County, which is named in honor of the fifth President of the United States, James Monroe, is located in the southeastern corner of Michigan's lower peninsula. Located on the shores of Lake Erie, Monroe County is bordered by Lenawee County (west), Washtenaw County (northwest), Wayne County (north), Essex County, Ontario, Canada (east)  and Lucas County, Ohio (south). Interstate highways I-75 and US 23 run north/south through the County and intrastate highway M-50 runs east/west through the County to Jackson and beyond.

According to the U.S. Census Bureau, the county has a total area of 680 square miles. Of that area, 129 square miles (19%) is water. As of the census of 2000, there were 145,945 people in Monroe County in 53,772 households.

Monroe County is Michigan's only county situated on Lake Erie. The lakeshore region features a unique ecology found nowhere else in Michigan, with shallow marshes and inlets, rich in waterfowl wildlife. The county is a rich agricultural area noted for soybeans, grains, corn, sugar beets, potatoes and alfalfa. There are also many industries here, including auto-parts manufacturing, metal fabrication, cement, packaging and glass production. Cabela's (Dundee) fuels the shopping industry while the Fermi Nuclear Power Plant plays a major role in supplying power to the area. For more information about Monroe County, please visit the Official Visitor Information site: http://www.monroeinfo.com/.

I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the Prosecutor's Office?

Crimes are investigated by the police, not the Prosecutor. Crimes should be reported to the police department or other law enforcement agency that has jurisdiction where the crime occurred. For example, crimes occurring inside the City of Monroe should be reported to the Monroe City Police Department. Likewise, crimes occurring within the boundaries of other municipalities (e.g. South Rockwood, Luna Pier and Milan) should be reported to their municipal police departments. If the crime was committed elsewhere inside Monroe County, or in an area where the Sheriff is the contracting law enforcement agency (e.g., Bedford Township, Dundee and Frenchtown Township), the crime should be reported to the  Monroe County Sheriff. You may also contact the  Michigan State Police Department.

Once the initial investigation has been completed, the police department's report is filed with the Prosecuting Attorney. The Prosecutor reviewing the warrant request may send the case back to the police for further investigation. Ultimately, the reviewing Prosecutor decides what charge(s), if any, will be issued and when the charges(s) should be issued.

Can you tell me if a charge and arrest warrant has been issued yet?

No.

The Prosecuting Attorney's office only authorizes a criminal complaint; the court authorizes an arrest warrant, and the police department that investigates the case has the responsibility to find and arrest the defendant. The Prosecuting Attorney's office may not know if an arrest warrant is still outstanding, because that information is known by the police and the court. The defendant (or anyone asking about whether a warrant is still open) must contact the appropriate police agency. That department may be able to answer the question.

If the Prosecuting Attorney's office told a defendant that an arrest warrant was still outstanding, the defendant might flee.

Can I get a copy of a police report?

If you are a defendant in a criminal or juvenile case, and you have an attorney, he or she will obtain a copy of the police report for you from our office; you can get a personal copy from your lawyer. If you are a defendant and do not have an attorney, you can obtain a copy of a police report after you have been arraigned on the charged offense. If you are the victim, you may obtain a (free) copy by contacting our Victim/Witness Unit. You must show a valid picture ID to receive the report.

Can I get a copy of a person's criminal record?

Many prosecuting attorney offices have direct access to computer networks with information about people's criminal histories. However, the privilege to access that information is limited. One limitation is that we can only search for criminal histories when they are directly related to a law-enforcement need, such as an on-going criminal prosecution. Another is that we cannot give the public copies of the criminal history information we uncover because doing so would violate LEIN (Law Enforcement Information Network) rules.

However, the Michigan State Police operates the Internet Criminal History Access Tool (ICHAT), from which anyone can search the official MSP criminal history record database for $10.00 per search, using MasterCard or Visa. (Non-profit, charitable organizations may qualify for free ICHAT searches if criminal history checks are needed on people who work with children or vulnerable adults.) For each search, you need the person's full name, gender, race and date of birth.

ICHAT's criminal history database covers only Michigan convictions, and is updated daily with felony and misdemeanor conviction information provided by law enforcement, prosecuting attorneys and courts throughout the State. Your search results will include only Michigan felony or misdemeanor arrests where a person has been convicted in a court, and where the conviction has been added to that person's criminal history record. It does not include arrests without a conviction, outstanding warrants, federal arrests or arrests from other states.

A search for a criminal record from another state requires you to correspond directly with the criminal record repository of that state.

Can I press “counter-charges” against someone?

This request generally arises from assaults. Regardless of whether you have already been charged, if you believe that a crime has been committed against you, go to the appropriate police agency to file a complaint and request an investigation. Your case will be reviewed on its own merits.

I am the victim. Can I drop the charge?

Many people incorrectly believe that a victim has the power to "press charges" against the abuser, or to later "drop the charges".

All crimes are offenses against the community, not just the individual victim. Criminal complaints are prosecuted on behalf of the State of Michigan, not the individual who called the police or the person who may have been personally harmed by the defendant's conduct. As such, ONLY the Prosecuting Attorney can issue or dismiss charges. This is important because it takes the responsibility for prosecuting the abuser off the victim's shoulders and puts it squarely with the Prosecuting Attorney, where it legally belongs. It also means that the defendant cannot "pressure" the victim into dropping the charges.

Although the decision whether to prosecute or not prosecute is ultimately up to the Prosecuting Attorney, the victim's opinion is important and the Prosecuting Attorney will take those wishes into account when making decisions about the case. A variety of factors are considered when deciding whether to proceed with a prosecution, including the nature and extent of the defendant's prior criminal history, the severity of the alleged crime, whether the defendant has other pending charges in the criminal justice system, and future danger to the community (including, but not limited to, the current victim).

How can I find a defendant's next court date?

Our office can provide you with information about upcoming court schedules if we filed charges against the defendant. Call us at (734) 240-7600 for assistance. You can also call the court handling the defendant's case. Either way, be sure to have the Defendant’s name or the Court case number.

Why have I been subpoenaed to appear as a witness?

The law requires live testimony in criminal cases. Sworn affidavits and deposition testimony cannont be used as substitutes for live testimony, as they are in civil cases.

I have been subpoenaed to appear...what if I have a conflict? 

A subpoena to appear is an order, not an invitation, and you must appear at the appointed date and time or risk being held in contempt of Court. Still, if you have a conflict, the Prosecutor's Office will work with you if possible. Contact our Victim Witness Unit (734-240-7623) immediately to discuss your conflict.

Will I be compensated for appearing as a witness? 

Whether a witness receives any witness fee is within the discretion of the court. A court can order that you receive witness fees ($6 per morning or afternoon court session that you are ordered to attend), plus mileage ($0.10 per mile, round trip).

Why are some cases plea-bargained?

There are not enough Prosecutors, Judges, courtrooms, or trial days on the calendar to put all of the thousands of cases every year in Monroe County before a jury. Beyond that, for those defendants convicted at trial, or for those who plead guilty before a trial, there are not enough jail cells in the County (or prison cells in the State) to hold them. These practical demands, plus the defendant's speedy trial rights, the seriousness of the cases, the strengths or weaknesses of cases, the victim's wishes, public safety, punishment, rehabilitation, and deterrence are all interests that are considered by the Prosecutor when deciding how to proceed. A plea agreement is always designed to balance these competing interests. Most cases are resolved in a relatively short time by the defendant's plea --- many times a plea to the charged offense.

The defendant is not paying court-ordered restitution. Who can help me?

Call the Juvenile, District or Circuit Court's probation department and ask for the probation officer who is assigned to the case. The probation officer can help you get your money if restitution was a condition of the defendant's probation and if the defendant is still on probation.

A criminal case restitution order is a court order that expires only when the restitution has been paid in full. If the court-ordered restitution covers all of your claims, then you do not have to separately sue the defendant. You can enforce the criminal case's restitution order like any civil judgment (e.g., garnishment of wages, attachment of property, etc.).

I was the victim of a violent crime. Will I be reimbursed for my hospital bills, lost wages and pain and suffering?

The Michigan Crime Victim’s Compensation Fund may be able to help you with un-reimbursed medical expenses and lost income. With regard to compensation for pain and suffering, you may need to contact a private attorney.

Are there charges pending against me?

If you are being charged with a misdemeanor, you will receive a notice to appear in the mail. If you are being charged with a felony, you need to go to the police department to take care of the matter. We cannot give out warrant information.

I am have been charged with a crime, may I speak to a Prosecutor?

If you are a defendant, you are given a pre-trial date after your arraignment. The pre-trial date is your meeting with the prosecutor. The meeting itself is not in front of the judge, but in a room outside the courtroom. That is your chance to speak to the prosecutor. The “results” of the meeting will then be made known to the Judge in the Courtroom.

How do I get a court-appointed attorney?

The Prosecutor plays no role in whether you are eligible for or receive a court-appointed attorney to assist you in your defense. You must ask the judge handling your case (generally at your arraignment). The judge will decide whether you are "indigent" (i.e., cannot afford to hire a lawyer) based on your income, assets and financial obligations, as well as the seriousness of the charge. For many misdemeanor cases, the judge will let you conduct a pre-trial conference on your own; if the case is not resolved to your liking at that meeting, you can apply for a court appointed attorney. A court appointed attorney is not necessarily a "free" lawyer. The judge may still order you to repay the County for your attorney's bill.

I am a defendant and I don't like the attorney who is representing me. Can I talk to one of the Prosecutors about my case?

No. All attorneys are governed by the State Bar of Michigan's Rules of Professional Conduct, which prevent them from speaking directly to anyone who is already represented by an attorney on the same matter. As long as you are represented by an attorney, we may speak only to your attorney. Any questions that you have about your case should be answered by your attorney. If you continue to be dissatisfied with your court-appointed attorney, you will have to contact the judge assigned to your case.

How do I get my property back?

If your property was stolen and recovered by the police, it can sometimes be returned to you before the case is done; if the items are important pieces of evidence, in most cases we will need to keep the property secured in police custody. Ultimately, the decision whether evidence is released must be made by one of our office's attorneys.

I want a restraining order to keep someone away from me. What process do I need to follow to obtain a PPO?

You should plan to visit the  Monroe County Clerk’s office, which is located in the Monroe County Courthouse. Personal Protection Orders are available from the Clerk’s Office Monday through Friday from 8:30 AM to 12:00 PM and 1:00 PM to 4:00 PM.  If you need more information please call 734-240-7022.

How can I become a Prosecuting Attorney?

Each of Michigan's 83 counties elects a Prosecuting Attorney every four years (during the Presidential election). Depending on staffing needs and budgets, the Prosecuting Attorney may hire Assistant Prosecuting Attorneys. Small counties may not have any full-time APAs, while the largest counties may have more than a hundred prosecutors to handle high caseloads and the wide-ranging responsibilities imposed on prosecutors by statutes.

Prosecuting Attorneys and APAs are lawyers, licensed to practice in Michigan. As with other attorneys, prosecutors generally complete a four-year college degree and then go to law school, which generally takes three additional years. After graduation, most states (including Michigan) require lawyers to pass an examination (the Bar Exam”) to become licensed to practice law in that state. Michigan's bar exam takes two days, but other states' exams take three days.

I want to work in your office. Do you have any job openings? What is the pay scale?

Our office occasionally has job openings. You should check the main Monroe County web site for employment postings. Other Prosecuting Attorney offices may have career opportunities for attorneys, clerical staff, victim services coordinators, investigators, etc. Check out the Michigan Prosecuting Attorneys Coordinating Council web site for recent openings. The US Attorney's office and the Department of Justice occasionally post job openings, too.

Nobody becomes a Prosecutor for the pay. The rewards are in making a difference in the community, seeing that justice is done, and speaking for victims of crime. The pay scale for Prosecutors and APAs varies from county to county, but salaries generally range from $40,000 to $90,000.

Is your job risky or dangerous?

Many of the cases we handle involve facts and people that are emotional. Occasionally, that emotion is directed at the prosecutor, who is representing the community's interests in the case. Although Prosecutors in Michigan and throughout the country have been threatened or attacked, these incidents are rare.

What if I have a question that is not answered in your FAQs?

Call or visit our office. Remember, however, the Monroe County Prosecuting Attorney's Office is not a "free legal clinic." We cannot give legal advice on private legal issues.