Legal Question in Criminal Law in Wisconsin

time limit on arrest and prosecution

A person has been incarcerated for the past 2+ years, charged with breaking/entering. Now the state of WI has had him extradicted and charged him with another breaking and entering in their state, they knew that he was serving time and where he was, but stated they did not get an answer when they requested an extratdiction. Do they have a time limit on prosecution? he still has at least 2 more years to serve in Mi. He was told that they have 180 days from now, not 2 years ago. I tried to look up the law, but couldn't find it. Thanks for your help.

Asked on 6/23/02, 1:43 am

2 Answers from Attorneys

Nancy Moore Nancy L. Moore, Esq.

Re: time limit on arrest and prosecution

Since I'm from Michigan. I can only give you the MI law. It is the duty of the prosecution to show due diligence in the execution of an arrest warrant to avoid dismissal of the charges. Once the defendant has shown that some prejudice resulted from the delay (witnesses are not available, evidence is lost, memories have faded, etc.), the prosecution must show that: (1) the delay was explainable; (2) it was not deliberate; and (3) no prejudice attached to the defendant. People v. Hernandez, 15 Mich. App. 141 (1968); People v. White, 59 Mich. App. 164 (1975); People v. Bisard, 114 Mich. App. 784 (1982); People v. McCullum, 172 Mich. App. 30 (1988).

Once the governor of Michigan has granted extradition, courts of MI considering defendant's release on a writ of habeas corpus may not take into consideration the presence or absence of probable cause to arrest. Extradition is a summary procedure, and courts may only decide: (1) whether extradition documents are facially valid; (2) whether the person has been charged with a crime in the demanding state; (3) whether the person is the one named in the request; and (4) whether the person is a fugitive. Michigan v. Doran, 439 US 282; 99 SCt 520; 58 LEd2d 521 (1978). (US Supreme Court case.)

Any claim of unconstitutionality relative to the demanding state's (Wisconsin's) treatment of a fugitive must be tested in the courts of the demanding state. Brown v. Wayne County Sheriff, 415 Mich. 658 (1982).

See also Michigan Compiled Laws 780.1 et seq. The 180-day rule applies to any untried charges brought forth in Michigan. MCL 780.131 through 133.

Hope this helps. Call me at my office if you need the name of a good criminal defense attorney in Wisconsin (I lived there for 38 years).

Nancy L. Moore

19500 Victor Parkway, Suite 290

Livinia, MI 48152

Phone (734) 591-3737

Fax (734) 591-6275

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Answered on 6/23/02, 10:17 am
Andrew Mishlove Law Offices of Andrew Mishlove

Re: time limit on arrest and prosecution

My strong advice is this:

This is NOT a do it yourself issue, or the kind of situation where you can get trustworthy answers online. An incarcerated person almost always qualifies for appointed counsel. Either retain counsel or get a lawyer appointed in Wisconsin.

These issues must be brought to the attention of that attorney dealing with this case. There are too many complications to be able to analyze this at a distance.

I wish you the best of luck.

Andrew Mishlove



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Answered on 6/23/02, 11:26 am

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