Comments
Philip Kotula wrote:
If a person commits a crime in Michigan, and then moves or leaves the state does that mean that the Statute of Limitations can not run out ever, unless they return to Michigan ?
04/12 10:21:39
refadmin wrote:
Section (6) provides that 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.
Section (7) provides that 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.
However, the case against the alleged criminal gets weaker because the witnesses lose specific memory and later may not be found as they may change addresses, names, etc.
Section (7) provides that 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.
However, the case against the alleged criminal gets weaker because the witnesses lose specific memory and later may not be found as they may change addresses, names, etc.
04/12 10:35:01
Tad Jenkins wrote:
If you are charged for stealing from a company, and the evidence against you is compiled, sent to a prosecutor, and then charges are filed, can those charges be altered at the disadvantage of the defendant? For instance, the prosecutor knew that the value of the merchandise stolen was $20,000, but only charged a $200 misdemeanor. A plea was entered as to this agreement, but when restitution was sought and the company asked for $20,000, a pretrial is not to take place. Can the original charge stand or be worsened?
05/12 17:22:08
refadmin wrote:
The plea agreement must be honored. A prosecutor can amend the charge to a greater offense, and in that case, the defendant would be entitled to a preliminary hearing on the matter, but this would not happen unless plea negotiations broke down, i.e., a plea was not entered. If a plea was entered on the record, the charge should not be amended. If you would like more specific information, please email me.
06/12 14:03:43
Brian wrote:
If a person had a DUI in Michigan 5 years ago and left the state after doing what they thought was required, but never finishing probation, how can they get this wrapped up?
29/01 23:11:55
refadmin wrote:
Dear Brian:
It is impossible to tell you how to wrap up your specific case. If you never finished probation, this begs the question of whether a probation violation was charged and/or whether a warrant was issued.
A starting place for you would be to contact the clerk of the court in which your case took place and ask them the status. You do not have to tell them who you are. Doing this however runs the risk of flagging your case again. You might also consider contacting the Department of State, Secretary of State to find out whether your case has been properly closed there as well.
It is impossible to tell you how to wrap up your specific case. If you never finished probation, this begs the question of whether a probation violation was charged and/or whether a warrant was issued.
A starting place for you would be to contact the clerk of the court in which your case took place and ask them the status. You do not have to tell them who you are. Doing this however runs the risk of flagging your case again. You might also consider contacting the Department of State, Secretary of State to find out whether your case has been properly closed there as well.
04/02 15:31:18
refadmin wrote:
MCL 333.7401 codifies possession with intent to deliver. Therefore, the statute of limitations above indicates that the period would be 6 years after the offense is committed.
15/03 00:59:56
refadmin wrote:
Sam inquired:
"I was charged with larceny and put on probation. I did two years of a three year probation. I remained in the state, and employed full-time employed. What is the statue of limitations for this? Thank you."
Answer: The statute of limitation on larceny is six years. In your case, it appears that you were formally charged within the six year period. From my experience, I deduce that you were charged and a guilty plea was entered, but your sentence / adjudication of guilt was held in abeyance on the condition that when and if you successfully completed probation, the charge would be dismissed. For first time offenders, this is a routine arrangement. Call the court and check to see the status of the case. You will probably find that the charge was dismissed and the case has been closed.
"I was charged with larceny and put on probation. I did two years of a three year probation. I remained in the state, and employed full-time employed. What is the statue of limitations for this? Thank you."
Answer: The statute of limitation on larceny is six years. In your case, it appears that you were formally charged within the six year period. From my experience, I deduce that you were charged and a guilty plea was entered, but your sentence / adjudication of guilt was held in abeyance on the condition that when and if you successfully completed probation, the charge would be dismissed. For first time offenders, this is a routine arrangement. Call the court and check to see the status of the case. You will probably find that the charge was dismissed and the case has been closed.
17/03 21:16:20
Hopefull wrote:
What is the statute of limitations when pertaining to a DUI. Only a ticket thus far, no charges brought up yet.
11/05 22:04:25
tamika taylor wrote:
Someone said i took their purse, the police separated us and testified that he never saw me with a purse but saw a purse on the seat. the victim said her purse was on the ground. They still charged me with larceny, how were they able to do that?
14/05 13:10:03
refadmin wrote:
The prosecution charges crimes when they find that there is enough evidence to prove that the defendant committed the crime. One of their considerations is a criminal background for theft or other crimes involving dishonesty.
In your situation, it could be that their case is extremely weak. Consider requesting a court appointed attorney or retaining an attorney.
In your situation, it could be that their case is extremely weak. Consider requesting a court appointed attorney or retaining an attorney.
14/05 21:47:05
Jo wrote:
My fiancee has warrants for a dui in Michigan and the other one was for a court non-appearance(we didn't know we had to appear because we paid them in full). That was almost 5 years ago. I guess we flagged the case because we tried to work with a lawyer in Michigan who wasn't in our defense but the states. He requested a lot of money and said that the county for the dui won't make any written promises. We won't know what to expect if we return to Michigan and I believe it is a trap. My fiancee hasn't drank in 4 years and has a good job. They were misdemeanors and he didn't hurt anyone. What can we do to take care of this without being beat to death? They don't care if you've changed and live a clean life. How can we obtain the best lawyer. Is there any statute of limitations on this?
15/05 15:42:43
norma wales wrote:
after getting duii in 1997 and failing to comply "not paying$$$" in 2008 can you STILL be held liable & be charged w/ prob.violation? what is the freakin statute of limitations, if any? please,.... can you help?
23/05 04:28:46
want2b square wrote:
I still have borrowed tools from a job I left 10 years ago and want to return them by mail from another state. Can I be charged with any crime?
24/05 09:08:24
refadmin wrote:
Dear Want2bSquare:
It is highly unlikely that you would be charged with a crime because you are giving back the item. Furthermore, the statute of limitations on the crime (6 years in MI) has likely lapsed.
That being said, one never knows what a person can do to cause trouble if they want. I do not know the politics or emotions of the situation you left. People can be spiteful.
It is highly unlikely that you would be charged with a crime because you are giving back the item. Furthermore, the statute of limitations on the crime (6 years in MI) has likely lapsed.
That being said, one never knows what a person can do to cause trouble if they want. I do not know the politics or emotions of the situation you left. People can be spiteful.
24/05 09:57:05
refadmin wrote:
Dear Norma:
The statute of limitations on your probation violation has likely passed. A six year statute of limitation would apply.
The statute of limitations on your probation violation has likely passed. A six year statute of limitation would apply.
24/05 09:59:01
refadmin wrote:
Dear Jo:
The statute of limitation is the 6 year statute of limitation. What you could do is prepare a letter to the court and the prosecutor. State your arguments; include your proof of payment; and include statements from mentors, employers, friends and family testifying to the positive present and historical conduct of your fiance.
I understand how frustrated you must be. Email me directly and perhaps I can help you.
The statute of limitation is the 6 year statute of limitation. What you could do is prepare a letter to the court and the prosecutor. State your arguments; include your proof of payment; and include statements from mentors, employers, friends and family testifying to the positive present and historical conduct of your fiance.
I understand how frustrated you must be. Email me directly and perhaps I can help you.
24/05 10:06:46
lookingforward wrote:
I was convicted of attempted larceny from a person over 24 years ago. The crime was committed prior to my turning 18, but my conviction occurred after my 18th birthday. I completed the 3 years of probation as required.
I would like to know what steps I need to take in order to petition for restoration of my rights.
I would like to know what steps I need to take in order to petition for restoration of my rights.
16/07 00:47:45
refadmin wrote:
Dear Lookingforward:
Your conviction may be expunged via the filing of a petition. You should consider contacting the probate court in the county of your conviction because it may be that the convict is not in the record anymore due to your age at the time of the crime.
Please search under "expunge" or under the "criminal law/procedure" link to find out more about expunging criminal records.
Your conviction may be expunged via the filing of a petition. You should consider contacting the probate court in the county of your conviction because it may be that the convict is not in the record anymore due to your age at the time of the crime.
Please search under "expunge" or under the "criminal law/procedure" link to find out more about expunging criminal records.
16/07 11:38:08
Your comment
Comments must be approved before being published. Thank you!
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.