Legal Question in Criminal Law in Michigan

Re: Being formally charged with a crime

If you were still lodged in jail, a charging decision would have to be made within 24 hours. But, you were released, so that doesn't apply.

The statute of limitations is 6 years on criminal charges. So, technically, a prosecutor could charge you up to 6 years after the date of the crime. That's highly, highly unlikely.

Even if you're charged within the 6 year statute of limitations, your ability to adequately defend yourself may be compromised by "pre-charging delay" (other states call it "pre-indictment delay", but Michigan doesn't use grand juries to issue indictments). Here, the reason for the charging delay is important to whether the delay can be a reason for the charge being dismissed:

* was the prosecutor waiting for lab results or other investigations to be completed?

* was the investigation over and the prosecutor was waiting to gain some strategic advantage over the defendant?

* etc.

In such a case, you'd have to prove actual prejudice (for example, due to the delay, witnesses were no longer available, etc.).

Talk to a lawyer about your facts.