Legal Question in Criminal Law in Michigan

Re: MCL..?Speedy Trial

There are numerous cites dealing with speedy trial issues: Michigan Constitution, Article1, Section 20; MCL 767.38, 768.1, 780.131, 780.133, 766.1, 767.38, 780.581, 791.240a; Michigan Court Rules 6.004, 5.972, 5.942, 6.909. Speedy trial attaches only after an arrest is made. The right to a speedy trial is guaranteed by the 6th Amendment. Balancing factors include: (1) the length of the delay, (2) the reasons for the delay, (3) whether the defendant has asserted his or her right, and (4) whether the defendant has been prejudiced by the delay. The leading federal case law is contained within Barker v. Wingo, 407 US 514; 92 SCt 2182; 33 LE2d 101 (1972). Michigan cases include People v. Hill, 402 Mich 272 (1978) and People v. Bailey, 101 Mich App 144 (1980) among many others. Hope that helps.

Re: MCL..?Speedy Trial

I think that you are really referring to the "180-day rule" where people incarcerated with the Department of Corrections must have untried felony cases tried within 180 days after the MDOC (i) gets notice of the pending charge and (ii) notifies the prosecuting attorney where the prisoner is located. (MCL 780.131). If the case does not go to trial within 180 days, the court in which the open case might have been tried "loses jurisdiction" and the open charges must be dismissed with prejudice. (MCL 780.133)

The trial does not have to be concluded, or even commenced, within the 180 days. The prosecutor must act in good faith to proceed promptly and ready the case for trial, even if 180 days have passed. Defendants cannot benefit from delay that they caused (eg, motions, being out of the state, etc.).

The 180-day Rule does not apply to new crimes committed when the person is on parole, to pre-trial detainees, to people in county jails, to new misdemeanor charges, etc.

You can read these statutes at www.michiganlegislature.org. Go to the Public Acts section and search for Public Act 177 of 1957. (I think that your question about "177 day to conviction MCL #" reference mixed up the Public Act number and the common title of the law (the "180-day rule".)