Legal Question in Criminal Law in Michigan

I was arrested about a year ago for possession of a replica firearm. I have never received anything in the mail, nor do I have any warrants out. I applied for a pistol purchase permit, and my city is saying my old police agency has charged me with MDOP and Assault. How long do the police have to file a complaint with the prosecutor or court?


Asked on 4/15/10, 12:46 pm

2 Answers from Attorneys

Francois Nabwangu Wright Cantrell PLLC

There is no set period of time, since you our out and not in custody a constitutional concern about the delay does not even arise until 9 months (which you are beyond), but further does not become a determinative factor until about 18 months. It may turn on when they filed the charges and what the reasons were for the delay. Call us for a free consultation 877 887 9562

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Answered on 4/20/10, 1:02 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The statute of limitations is 6 years after the crime date to file charges. But, short of that, there can be issues about "pre-indictment delay" where the defendant argues that his ability to muster a defense was materially affected because of the delay in issuing charges ... even though they were filed within that 6 year limit.

You could contact the investigating police agency, or even the prosecutor's office, to see what the status is. Maybe the charge request wasn't filed and won't be filed ... maybe the prosecutor got the charge request and denied issuance of a charge and you weren't told that ... etc. The down side to contacting them is that it might remind them to complete a case that was pushed to the side.

Be cautious, though, because if you contact the police or prosecutor and say, "I'm the guy who X, Y & Z ...", then that person you talked to might become a witness to admissions you made about case facts.

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Answered on 4/21/10, 7:20 am


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