Legal Question in Criminal Law in Michigan

Re: How long does a Prosecuter have to decide whether to charge a defendant?

On any charge of homicide, the state does not have a time limitation on bringing a case.

You have five years to appoint a personal representive, and then two years after that to file a case of wrongful death (among other causes of action). I would be interested to learn more about the case as you may have a wrongful death case against the homeowner. While it is often a good practice to wait until the criminal case is over, you may want to approach the state's attorney(s) to see if they are going to file a case against the homeowner. If not, you might as well get started on the civil case.

Please contact my office if you are interested in discussing this case further.

Don Darnell

734/544-7676

Re: How long does a Prosecuter have to decide whether to charge a defendant?

You don't mention how long ago the incident happened...

As the first answer said, there is no statute of limitations on murder charges being brought.

Your concern seems to be the flip-side of the defendant's common "rush to judgment" cry. Sometimes, a prosecutor just can't win!

Murder is our most serious charge. Your community should WANT your prosecutor to charge based on the facts and evidence that can be proven, not based on anger, or a knee-jerk reaction to public opinion. Large offices commonly have several people review these important decisions.

It is not uncommon for a prosecutor to make sure that all of the pieces of the case are together before charging a murder. Why? If the prosecutor charged the person the day of the killing, conceivably they'd be in court within 14 days to have a preliminary examination (a probable cause hearing) to see if there was enough evidence against the defendant. If important information had not yet been gathered in time for that hearing (i.e., witnesses being located and interviewed, evidence being analyzed by the MSP crime lab, etc.), the case might be jeopardized. So, many times it is prudent to get all that evidence compiled, and then look at what (or if) to charge.

If you have questions, I'm sure that the prosecutor's office handling the case will keep you informed. Work WITH them, not AGAINST them, ok? You should keep in contact with that office's victim's rights coordinator, too.