Legal Question in Criminal Law in Michigan

i had a case file on me in 2007 and the arrest was finally made in 2011. I have lived in the same home for all this time with my id matching in address how come they can still charge and do this to me after all these years


Asked on 11/18/11, 8:44 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The information you gave us is too vague to give you a good answer. You should have an attorney review all of the case history information to determine if a motion for some kind of relief can be filed due to these delays. You don't say what the charge was for (e.g., assault, drunk driving, drugs, murder, etc.). You don't say when the charge was issued (e.g., in 2007, or the day before your arrest). You don't say how your possible defense strategy is prejudiced by the delay (e.g., a critical alibi witness is now dead). Etc. the general statute of limitations for crimes is 6 years after the offense date (and some crimes like criminal sexual conduct against a minor may have a longer limit, whereas other crimes like murder have no limitation), so that's not helpful to you. some crimes take time to be chargeable because evidence like DNA lab analysis took a long time, or an unidentified fingerprint in 2007 got identified in 2011 through a computerized fingerprint check. Etc. There can be many reasons for the delay. It's also a reality that some police agencies don't prioritize hunting down people with warrants (especially misdemeanor warrants) because of manpower cuts -- this isn't an excuse, just an explanation. A defendant who has been living and working at the same place for 4 years ("not on the lam") is easily findable. But that's not the standard to get a case dismissed. Have a personal attorney review everything (based on lots more info than you gave us) to analyze whether you have a claim for relief.

Read more
Answered on 11/18/11, 1:08 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan