Legal Question in Criminal Law in Michigan

prosecuting attorney

How long after a compaint has been filed with the prosecuting attorney will an arrest warrant be issued


Asked on 9/18/08, 8:39 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: prosecuting attorney

There is no set time line. In some cases, the prosecutor's office reviews the case the day it comes into the office and can make a charging decision right away (in which case the arrest warrant could be issued by the court within the day, or maybe the next day). Someimes it takes days or weeks for the paperwork to be reviewed.

In a good number of cases, the prosecutor sends the case back to the police to do follow-up investigation (e.g., interview more witnesses, try to interview the suspect), which can take weeks or months to occur.

In other cases, the prosecutor needs to wait for lab results to come back before making a charging decision. In drunk driving cases, it's only taking a couple of weeks to get blood test results back. But in CSC (rape) cases, DNA evidence is taking 6 months or more to be processed by the state crime lab, so there can be a considerable delay before a charging decision can be made.

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Answered on 9/22/08, 8:56 am


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