Legal Question in Criminal Law in Michigan

email

I have a friend whose ex-girlfriend threatens that she will bring charges against him about something he did 2-3 years ago. Basically, his girlfriend used to drink and do drugs. So he pretended he was her daughter and emailed her school saying that her mommy does drugs and drinks. Nothing happened to anyone involved. The girl was just called at the principal's office but there was no consequence from this. Can she bring charges against him after 2-3 years for this.


Asked on 2/01/08, 6:33 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: email

There is no "statute of liitations" bar to issuing a 2-3 year old case. The general statute of limitations is 6 years after the crime date.

But, I seriously doubt that an actual crime occurred ... or, at least a crime that a prosecutor would issue (2-3 years after the incident). There are crimes for using a computer to commit another crime, but what "other crime" would that be? Telling a lie about someone drinking and drugging is more of a civil tort (libel, slander) than a Penal code crime. At worst, the school might have contacted the Department of Human Services' Children's Protective Services unit to investigate whether some kind of child neglect or child abuse was going on, but apparently nothing came of it.

Resources are tight these days, so this just doesn't seem like something a prosecutor should use resources on.

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Answered on 2/04/08, 9:40 am


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