Legal Question in Criminal Law in Michigan
Non-appearance on misdemeanor 15 years ago
While visiting the state of Michigan about 15 or 16 years ago, I was arrested and charged with a misdemeanor. I bailed out for $100, returned home, and never followed up on any required court appearance. Is there a statute of limitations on this situation? Should I be concerned about going back to Michigan? What would be the best way to correct the situation?
2 Answers from Attorneys
Re: Non-appearance on misdemeanor 15 years ago
When you failed to appear in Michigan, a bench warrant was likely issued. There is no statute of limitations on warrants, so it's still active. If you visit Michigan and are pulled over for a traffic offense close to the court (w.i. 25 miles)
you will probably be taken into custody.
The best way to handle this is to appear voluntarily before the court for an arraignment, preferably on a day when the reponsible prosecutor is present, and have your case pre-tried. Depending on the charge, you may get the case disposed of in one day.
It's important to voluntarily appear. Don't wait until you are arrested. An attorney can evaluate your case which, so far, is slim on facts and circumstances.
Re: Non-appearance on misdemeanor 15 years ago
When you failed to appear on your court date, the court most likely issued a bench warrant for your arrest and forfeited your bond. The best course of action for you is to voluntarily turn yourself in and be arraigned on the warrant. If you are in Michigan and pulled over for even a traffic offense, they can arrest you on the bench warrant. If you would like me to do some initial investigation into your matter, please call to discuss further. 24 hours at (800) LAW-6685 or (248) 737-7000.
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