Legal Question in Criminal Law in Michigan

Re: Defendants rights

It depends. If the defendant is incarcerated then the trial should be held within 180 days (not counting delays attributable to the defendant). If the tril is not held then the defendant should be released on a PR bond. If the defendant is in a State or Federal prison the 180 day time period runs from when the procesutor is informed or should have known that the defendant is/was incarcerated. The remedy in such a case is dismissal of the charges. If the defendant is out on bond then there really isn't a set amount of time to determine whether a speedy trial violation has ocurred. The test in such cases is to see how the defendant's case has been prejudiced by the delay - for example, an alibi witness dies or is no longer available to testify. Of course, if the defendant failed to appear for any hearing or has absconded then time limits are off and statr anew. The answer to your question is fact/case specific. Contact your attorney and he/she should be able to tell you how it applies in your case. Good luck.