Statute Of Limitations
A criminal charge or drunk driving must be prosecuted before the statute of limitations expires. The statute of limitations for misdemeanors is 6 years. There is no statute of limitations for murder, criminal sexual conduct in the first degree and terrorism and these offenses may be filed at any time.
The statute of limitations for kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, or first degree home invasion requires prosecution within 10 years after the offense is committed.
There statute of limitations for identity theft is as follows: Prosecution must occur within 6 years after the offense is committed. If the perpetrator has not been identified, then the statute requires prosecution within 6 years after the person is identified.
Delayed Prosecution When You Cannot Fairly Defend Your Case
Our Macomb County criminal defense lawyers may be able to obtain a dismissal of a criminal offense or drunk driving even though the statute of limitations has not expired under certain circumstances. For example, if you were not notified and the delay is not your fault, you may have your attorney argue for a dismissal based upon several theories including "due process". A due process violation may include your inability to locate witnesses or produce evidence as a result of the delay. This argument is less effective if you failed to appear in court or made yourself unavailable.
The ABDO LAW FIRM can secure a dismissal of your Michigan criminal offense when the statute of limitations has expired. In addition, we have obtained dismissals of criminal and drunk driving cases based on due process grounds when delays make it unfair for you to defend the charges.