What happens if a cop says they will make a report to the prosecutor regarding an assault?

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What happens if a cop says they will make a report to the prosecutor regarding an assault?

My fiance and I were being harassed for 3 months and I got sick of it. Then he left me a bad voicemail so I went to talk to him and he started a fight. He hit me first, then pulled my hood over my head and threw me on the ground and proceeded to hit me 20 times. When I was on the ground my girlfriend defended me and got him off. Then I hit him twice. The fight was broken up and the cops were called. They gave him a citation and said he was goingreport the indecent to the prosecutor. And today in the newspaper it said it was going to the prosecutor for review. What will happen now.

Asked on December 7, 2010 under Criminal Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were the victim, were you interviewed by the police. If so, go to the police station and request a copy of the police report.  Contact the prosecutor's office and see if it has been reported to the prosecutor for action.  If you are considering suing this individual for assault and battery for any damages caused to you or your person, you want to make sure you have all of your ducks in a row, from witnesses to police corroboration.  The burden of proof in a criminal case is much higher for the prosecutor than the plaintiff in a civil case.  That is to say, "beyond a reasonable doubt" versus "preponderance of the evidence".  If you are still under the statute of limitations or simply wish to file to preserve your case, understand that a conviction prior to your trial will definitely help you prevail in the civil lawsuit proceeding against this person.  This is all of course that the jury in either case doesn't believe the defense, which may include the argument you instigated the situation by going to the person's residence.  If the prosecutor has the recommendation by the officer but doesn't feel it is a strong enough case, then there may be an issue at the criminal prosecution level.


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