Legal Question in Criminal Law in Michigan

Fugitive??????

If a person was charge with csc 1st degree and left town since he wasn't sentenced

would he be considered a fugitive? is there a statute of limitations? can he face more charges if captured? and if he was turned in by the people he is staying with could they

legally be in trouble?


Asked on 3/11/02, 10:06 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Fugitive??????

If the person was charged and had never been arraigned, he's technically not a "fugitive", but an arrest warrant would be in LEIN (a computer system where police learn if someone has an outstanding warrant). If he's caught in another county of the same state, the sheriff where the CSC was issued would come pick him up. (On less serious charges, they might come get him if he's within a certain distance from the home county.) If he's caught in another state, the local jurisdiction where the warrant was issued would be contacted to see if they will extradite the defendant. (This is a process that could take a while and involve paperwork that must be signed by the Governor.)

If he had been arraigned on the CSC and had posted bond and THEN left town (either before being convicted or between being convicted and being sentenced), he would be a "fugitive from justice". His bond would likely have been cancelled as a formality. Once caught in the state, the sheriff would come get him. If caught in another state, extradition proceedings might be needed (if he doesn't "waive" extradition).

The defendant would not face a new charge, just for having skipped town before sentencing. But, you can imagine that the judge might well sentence him harder than he might otherwise have done.

Because CSC 1st is a "life" offense (maximum of life, not mandatory life), there is no statute of limitations on the outstanding arrest warrant. So, he can run, but he can't hide forever!

A person who knowingly harbors a fugitive from justice could be charged with a common-law offense, like obstruction of justice.

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Answered on 3/11/02, 10:36 am


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