Legal Question in Criminal Law in Michigan

staute of limitation

i want to know what the staute of limitations are in the state of michigan. I want to know if someone was locked up in the first week of february of 2006 and is having a jury trial and the trial was adjourned and rescheduled in august 2006 and it was adjourned by the lawyer. i want to know if there is a statue of limitations and what it is. thank you


Asked on 8/07/06, 5:50 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: staute of limitation

The "statute of limitations" refers to the time between the crime and when the charge was issued by the prosecutor. The limit depends on the actual crime, which you didn't mention, but the general statute of limitations for most criminal cases is 6 years. This can be extended in some situations, like if the defendant is out of state.

It seems like your issue is different: the delay between the charge being issued and the trial itself. Here, for misdemeanors, the defendant cannot be jailed for more than 30 days before trial. For felonies, there is a "180 day rule", meaning that the defendant has to be tried within 180 days of being jailed and not bonding out. But if pre-trial delay is attributable to the defendant (examples: the defense asks for more time to prepare for a hearing, the defendant is getting a forensics evaluation, etc.), then the time limit can be extended.

The defendant should consult with his/her lawyer to see if this is an issue in this case.

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Answered on 8/17/06, 12:06 pm


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