Comments
refadmin wrote:
Dear Ms. Martinez:
If you are pulled over or arrested and the warrant shows up, the police may contact the issuing state and find out what they want to do. Depending on the seriousness of the crime, you may be extradited.
If you are pulled over or arrested and the warrant shows up, the police may contact the issuing state and find out what they want to do. Depending on the seriousness of the crime, you may be extradited.
22/09 03:41:54
refadmin wrote:
Dear Marlene:
If you are concerned about the action / inaction your counsel took, then you should discuss that with her. However, it appears that the case was charged in a timely manner. Furthermore, it is typical for dates to be rescheduled. The incorrect date in the judgment appears to be a clerical error and would have no substantive impact one way or the other.
If you are concerned about the action / inaction your counsel took, then you should discuss that with her. However, it appears that the case was charged in a timely manner. Furthermore, it is typical for dates to be rescheduled. The incorrect date in the judgment appears to be a clerical error and would have no substantive impact one way or the other.
22/09 02:33:53
cynthia martinez wrote:
If you live in Illinois and also work in chicago and know you have a bench warrant issued by a judge in Hammond Indiana. For refusing to resolve the matter or appear in court 2 times. Can you be arrested in chicago illinois and extradited to indiana lake county court.
05/09 21:12:00
refadmin wrote:
Dear Mona:
The statute of limitation is based upon the facts of the situation - i.e. what conduct took place. For example, if sexual penetration was involved, then there is no statute of limitation. Consider sending me a private email at lawref@lawrefs.com with specific facts and I will provide you with a definitive answer.
The statute of limitation is based upon the facts of the situation - i.e. what conduct took place. For example, if sexual penetration was involved, then there is no statute of limitation. Consider sending me a private email at lawref@lawrefs.com with specific facts and I will provide you with a definitive answer.
01/09 15:59:08
MOna wrote:
My daughter was sexually molested in the first degree by her grandfather in 1993 (age 11). She just told us about it in August of 2009 (age 27). We wanted to prosecute but the detective said that because it happened prior to 2001 we only had until her 21st birthday or May of 2007 (whichever was later) to file charges-is this correct?
01/09 14:10:08
marlene wrote:
Help,
I am from Guam. In Dec 23, 2008 I was charged with DUI, court date was set for 12/31/09. Charges were filed in court dated september 15, 2009. On December 31, I appeared with council and plead not guilty and release on my own recognicance. Jan-Febcourt hearing no prosecutor or plea agreement. March plea agreement made and my council counter-pleaded, June 23 no agreement made, so judge spit out a whole bunch of dates. I believe he was setting trial. In July my council called me in, read plea she asked if I had questions and signed document July 11, July 30 appeared before judge and plead guilty. Was my rights violated. Is this past the 18month misdemeanor. I also recieved my judgement and date is wrong. It stated that I appeared and entered guilty on June 23, when in fact it was July 30. I feel that my lawyer did not invest any time in my case adn prosecutor treated mine standard. I plead guilty to DUI, upon completion of D & A counseling, 1000 fine, 200 D & A class and 75hrs community service, once complete BAC charge will be dropped. Any advice?
I am from Guam. In Dec 23, 2008 I was charged with DUI, court date was set for 12/31/09. Charges were filed in court dated september 15, 2009. On December 31, I appeared with council and plead not guilty and release on my own recognicance. Jan-Febcourt hearing no prosecutor or plea agreement. March plea agreement made and my council counter-pleaded, June 23 no agreement made, so judge spit out a whole bunch of dates. I believe he was setting trial. In July my council called me in, read plea she asked if I had questions and signed document July 11, July 30 appeared before judge and plead guilty. Was my rights violated. Is this past the 18month misdemeanor. I also recieved my judgement and date is wrong. It stated that I appeared and entered guilty on June 23, when in fact it was July 30. I feel that my lawyer did not invest any time in my case adn prosecutor treated mine standard. I plead guilty to DUI, upon completion of D & A counseling, 1000 fine, 200 D & A class and 75hrs community service, once complete BAC charge will be dropped. Any advice?
27/08 10:58:25
refadmin wrote:
Dear William:
The statute of limitation is tolled while you are out of the state. That being said, the warrant should eventually be erased from the LIEN system. If the charge does back to haunt you, it is unlikely that the prosecution could successfully proceed because the case is so old. The evidence would likely be stale and the witnesses unavailable. You should have grounds for a motion to dismiss based upon failure to prosecute or lack of evidence.
The statute of limitation is tolled while you are out of the state. That being said, the warrant should eventually be erased from the LIEN system. If the charge does back to haunt you, it is unlikely that the prosecution could successfully proceed because the case is so old. The evidence would likely be stale and the witnesses unavailable. You should have grounds for a motion to dismiss based upon failure to prosecute or lack of evidence.
24/07 10:01:51
refadmin wrote:
Dear Mr. Seitz:
There are states that have an 18 month statute of limitation for misdemeanor charges. What is your state? Despite the state, a prosecutor cannot prosecute a case after the expiration of the statute of limitations. You and/or your attorney should bring this defense to the court's attention.
There are states that have an 18 month statute of limitation for misdemeanor charges. What is your state? Despite the state, a prosecutor cannot prosecute a case after the expiration of the statute of limitations. You and/or your attorney should bring this defense to the court's attention.
24/07 07:18:16
William wrote:
In 2001, I was arrested for mis. theft from WalMart, taken to county and processed, then released without having to talk to a judge, sign anything or pay anything. I did recieve a piece of paper saying I owed $15 for processing. I thought this was because they couldn't prove I had done anything so they were letting me go, since they didn't even tell me I had a court date, and they knew I resided out of state. I recieved a letter months later saying I had a warrant out for my arrest and that I needed to turn myself in. I called them, and they refused to work with me, stating that I had to come to MI or face arrest wherever I was. I've never had it come up, but I would like to make sure its gone..I've never lived in MI nor do I plan too...so does this mean that I will never have a SOL, and it can be held against me at anytime, if it did catch up to me?
22/07 05:10:21
refadmin wrote:
Dear Just Wondering:
A person in your position could just wait for another year or two and then address the issue. Should you decide to address it now, it will take some time to resolve. Since the crimes are so old, in the end, the chances of the cases being dismissed are pretty good. You can turn yourself in and request a court appointed attorney. Hopefully you would bond out on personal recognizance so that you do not have to spend unnecessary time away from your child. Whether the statute of limitations can be utilized in your defense should be considered by your court appointed attorney.
To search your criminal history, contact the Michigan State Police or use ICHAT via Michigan.gov. This is the Michigan State Police Internet Criminal History Access Tool. You can sign up for an account. It is $10.00 to search your record.
A person in your position could just wait for another year or two and then address the issue. Should you decide to address it now, it will take some time to resolve. Since the crimes are so old, in the end, the chances of the cases being dismissed are pretty good. You can turn yourself in and request a court appointed attorney. Hopefully you would bond out on personal recognizance so that you do not have to spend unnecessary time away from your child. Whether the statute of limitations can be utilized in your defense should be considered by your court appointed attorney.
To search your criminal history, contact the Michigan State Police or use ICHAT via Michigan.gov. This is the Michigan State Police Internet Criminal History Access Tool. You can sign up for an account. It is $10.00 to search your record.
08/07 17:55:18
refadmin wrote:
Dear Craig:
I will respond to your inquiry as soon as possible. Please email me directly at lawref@lawrefs.com for further information so that your confidentiality can be protected.
I will respond to your inquiry as soon as possible. Please email me directly at lawref@lawrefs.com for further information so that your confidentiality can be protected.
01/07 13:53:17
refadmin wrote:
Dear Count:
It is possible to have a warrant out for your arrest and not be aware of that fact. You should proceed by pleading not guilty and remaining silent as these are your rights. This many years later, it is very unlikely that the prosecution would be able to prove its case against you. Sounds like the six year statute of limitation is applicable which means that the indictment had to be filed within 6 years after the offense was committed.
You should have an attorney. Email me directly for further information at lawref@lawrefs.com.
It is possible to have a warrant out for your arrest and not be aware of that fact. You should proceed by pleading not guilty and remaining silent as these are your rights. This many years later, it is very unlikely that the prosecution would be able to prove its case against you. Sounds like the six year statute of limitation is applicable which means that the indictment had to be filed within 6 years after the offense was committed.
You should have an attorney. Email me directly for further information at lawref@lawrefs.com.
01/07 13:51:17
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03/11: Michigan Criminal Law Statute of Limitations
The Michigan statute of limitations on crimes is found at MCL 767.24. It provides different periods of limitation based upon the crime as follows:767.24 Indictments; finding and filing; limitations.
(1) An indictment for murder, conspiracy to commit murder, solicitation to commit murder, criminal sexual conduct in the first degree, or a violation of the Michigan anti-terrorism act, MCL 750.543a to 750.543z, or a violation of MCL 750.200 to 750.212a, that is punishable by life imprisonment may be found and filed at any time.
(2) An indictment for a violation or attempted violation of section 145c, 520c, 520d, 520e, or 520g of the Michigan penal code, MCL 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed or by the alleged victim's twenty-first birthday, whichever is later.
(b) If evidence of the violation is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim's twenty-first birthday, whichever is later.
(c) As used in this subsection:
(i) "DNA" means human deoxyribonucleic acid.
(ii) "Identified" means the individual's legal name is known and he or she has been determined to be the source of the DNA.
(3) An indictment for kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, or first-degree home invasion may be found and filed within 10 years after the offense is committed.
(4) An indictment for identity theft or attempted identity theft may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 6 years after the offense is committed.
(b) If evidence of the violation is obtained and the individual who committed the offense has not been identified, an indictment may be found and filed at any time after the offense is committed, but not more than 6 years after the individual is identified.
(c) As used in this subsection:
(i) "Identified" means the individual's legal name is known.
(ii) "Identity theft" means 1 or more of the following:
(A) Conduct prohibited in section 5 or 7 of the identity theft protection act, 2004 PA 452, MCL 445.65 and 445.67.
(B) Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328.
(5) All other indictments may be found and filed within 6 years after the offense is committed.
(6) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed.
(7) The extension or tolling, as applicable, of the limitations period provided in this section applies to any of those violations for which the limitations period has not expired at the time the extension or tolling takes effect.
The different periods are indefinitely, ten years, and six years. An essential element of contention when considering the criminal statute of limitations is the necessity of an "indictment". According to Black's Law Dictionary Sixth Edition, an indictment is a formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. Furthermore, the sole purpose of the indictment is to identify the defendant's alleged offense. Practically speaking, an "information" is used rather than an indictment. The information is an accusation in the nature of an indictment, but differs only in being presented by a public prosecutor, without the intervention of the grand jury.
A situation arose recently (October 2007) wherein the defendant was arrested for an incident that occurred in 1996. The defense counsel filed an appearance and requested the Complaint and Information, however, merely an incident report was provided. There was no information. The argument made by the defense was that the statute of limitations had run based upon MCL 767.24(5). The prosecution's counter argument that the charge was timely was faulty because an incident report is not an indictment or an information and is not tantamount to a formal written accusation. The case was dismissed.
Defense counsel should be well-aware of the statute of limitations and argue this at the pretrial/preliminary hearing. Furthermore, it is generally ill-advised to accept any kind of plea agreement as witnesses in old cases are unlikely to appear and/or have a detailed memory of the events and circumstances of the crime - don't back down.