Legal Question in Criminal Law in Michigan

Statute of Limitations on Probation Violation??

If one is convicted of a felony, given probation in lieu of prison, then fails to meet the terms of probation, is there a statute of limitations on fulfilling the sentence? e.g. If the convict should move to another state (also a probation violation) would he/she always be at-risk of capture by going back to the state of Michigan? Or is there a statute of limitations?

In this case, the offense was possession of less than 25 gms cocaine. There is currently a warrant in effect for the pickup of the offender who is contemplating ''running''.


Asked on 11/01/05, 4:48 am

2 Answers from Attorneys

Re: Statute of Limitations on Probation Violation??

If the court issues a warrant because of the "running" there will be no time limit on its validity.

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Answered on 11/01/05, 9:00 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Statute of Limitations on Probation Violation??

As I understand, when a person leaves the state, any applicable statute of limitations tolls (stops ticking).

But a true statute of limitations refers to when charges can be brought after the criminal event, which is different than your situation where the prosecution has already been completed by the plea and only the setencing has not occurred because the defendant fled the jurisdiction. I'm sure you can appreciate that public policy would not approve of convicted defendants fleeing before sentencing and ultimately being rewarded by the case being dismissed after a certain period of time because the defendant "hid long enough".

The bench warrant will endure until the defendant is caught, turns himself in, or dies. As the old saying goes, you can run but you cannot hide.

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Answered on 11/01/05, 9:25 am


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