Legal Question in Criminal Law in Michigan

Re: what is statue of limitation?

A statute of limitations refers to how long a charge can be filed after the crime occurred. The general statute of limitations on criminal cases is 6 years, but some crimes (CSC against minors) have longer time limits.

It sounds like you have already been charged. So the statute of limitations isn't the issue. Your issue is whether you have been deprived of your right to a speedy trial. Unless you're incarcerated, there is no set time limit in which your case must be tried. In essence, you'd have to show that your ability to present your defense has been materially prejudiced by the current delay.

But a delay from October 2002 to January 2003 is not very long a wait. With the holidays, and other older cases on the court docket, a delay of several months for a trial date should be expected.

Call the court today and ask a court clerk to look up your case and tell you if anything has been scheduled. It may be, but you haven't received written notice. If you have a lawyer, keep in frequent contact with him/her about the case so you don't miss a court date.

Re: what is statue of limitation?

The statute of limitation is 6 years in most cases. But, it sounds like you have already been charged, therefore the SOL doesn't apply. It sounds like you are being deprived your right to a speedy trail. In most cases regarding the speedy trial issue, we must show that your defense has been jeapordized. Please contact my office to discuss the matter further. we offer free consultations. (248) 737.7000