Would the state of Michigan notify someone who filed a complaint via text message to show up in court?
We had a family dispute and my sister filed charges against my fiancee. He has an upcoming court date and my sister alleges the state notified her via text message of the upcoming court date.
If the complaining witness asked that he/she be notified via text by the prosecuting attorney’s office, they could be. In addition, case management systems, have the ability to text, complaining, witnesses, defendants, and attorneys of court dates via text in their systems. So basically, anything is possible.
Your fiance should not rely on getting a text notification. If his charge is in Eastpointe, the court will likely send a notice by mail. He can check with the court to see how they will send him notice. The criminal clerk will give him that information without a problem. Also, if your fiance hires a defense lawyer, the attorney will get notice and keep your fiance in the loop. Avvo is an excellent place to locate a 10.0-rated criminal defense lawyer, and many of us offer a free consultation. “Domestic violence” means any of the following acts perpetrated by a person that is not an act of self-defense: (1) causing or attempting to cause physical or mental harm to a family or household member, (2) placing a family or household member in fear of physical or mental harm, (3) causing or attempting to cause a family or household member to engage in involuntary sexual activity by force or threat of force, or (4) engaging in activity toward a family or household member that would cause them to feel terrorized, frightened, intimidated, threatened, harassed, or molested. A first offense is a misdemeanor and includes up to 93 days in jail and a $500 fine. Michigan also provides a “first-time offender plea bargain” for those charged with domestic assault. This plea bargain requires the consent of both the prosecutor and the victim. If granted, a person accused of domestic assault and battery must plead guilty, but the court will withhold entering judgment. The case is then put on hold while the accused completes a series of conditions ordered by the court—much like probation. The judge will dismiss the case once probation is completed successfully. However, if the defendant violates probation, they might be found guilty and sentenced accordingly.
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Certain jurisdictions do use text messages to notify individuals of upcoming court dates. A client that I represented recently out of the Pontiac District Court would receive several text message "reminders" about his upcoming court dates.
Why not? She probably specified her preferred method on communication when she filed the complaint.
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There are several Michigan courts that allow parties, attorneys and I believe complaining witnesses to be notified of future court dates by text.
This answer does not create an attorney-client relationship. The answer is for informational purposes only and is the opinion of the attorney and is not legal advice.