Michigan Criminal Lawyer Blog
There are different statutes of limitations for misdemeanors, felonies and offenses which can carry life in prison such as murder. The Michigan statute of limitations for criminal misdemeanors is 6 years, Michigan Compiled Laws 767.24. If you are charged within the period of 6 years, there is not a statute of limitations issue. However, if you were not notified, you may have your attorney argue for a dismissal based upon several theories including “due process”. You may also argue for a dismissal if the case was not authorized for a long period of time after it occurred, such as 2 years, based upon due process issues even though the statute of limitations has not expired. This argument is weak and less effective if you failed to appear in court or made yourself unavailable. However, if the case was not authorized within 6 years, your attorney could file a motion to dismiss based upon the statute of limitations. 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. 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.
There is an interesting statute of limitations for identity theft which is as follows: 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.