By way of example, here are some time limits set forth in the current version of Section 1. States cannot retroactively change the rules to allow prosecution of crimes that are already barred by an existing statute of limitations—meaning they can't go back in time and revive a case. For example, assume that Will sexually molests a teenager named Joe. Joe doesn't report what happened for many years. By the time he tells the police about the molestation, the statute of limitations has expired.
Although the legislature can enact a new law that would allow the state more time to prosecute offenders, that new law can't revive the expired statute of limitations in Will's case. On the other hand, say the law takes effect one month before the statute of limitations expires on Will's case. Here, the new law could extend the time period because the case was still "alive.
California, U. Larry breaks into a neighbor's house and steals an Italian lamp that he has always wanted for his own apartment. The neighbor reports the burglary to the police. However, the police misplace the report and, as a result, don't begin investigating the crime until many months later.
By the time the police arrest Larry and the prosecutor is ready to begin criminal proceedings, the state's three-year statute of limitations on burglary has expired. As a result, Larry cannot be prosecuted for burglary. If the prosecutor were to begin criminal proceedings, Larry would be entitled to have the case dismissed.
When a crime unfolds over a period of days, months, or even years, prosecutors and defense attorneys may have conflicting positions about when the statute of limitations started to run or was tolled. In addition, the clock is ticking only during the time that a suspect remains in the state where the crime was committed and has a fixed place of residence or work.
In the example above, assume that after committing the burglary, Larry moves to another state for three years. A few months after he returns, the police arrest him for burglary. In these circumstances, the state's three-year statute of limitations does not prevent Larry's prosecution for burglary, because the statute of limitations was not running down during the three years that Larry was in a different state.
The law in this area is changing and evolving. If probable cause is established, the defendant is "bound over" i. If the Judge decides that there is not probable cause that the defendant committed the charged crime s , the judge can 1 bind the case over on different charges, 2 reduce the charges to one or more misdemeanors for trial in District Court or 3 dismiss charges.
A defendant can waive the right to a Preliminary Examination, and most felonies arrive in Circuit Court via such a "waiver. Circuit Court Arraignment. After the case is sent to Circuit Court, the defendant is again arraigned given formal notice of the charges against him or her. The charging document is called an Information.
Pre-Trial Conference. The Circuit Court usually schedules a meeting between a Prosecuting Attorney and the defendant's attorney to determine whether the case will go to trial or be resolved some other way. The Circuit Court Judge may be called upon to resolve various pre-trial issues, some of which determine whether the case will continue to a trial, be resolved with a plea, or be dismissed or whether certain evidence will be admissible at trial.
A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence. Both the defendant and the Prosecutor representing the People of the State of Michigan have the right to a trial by a jury.
Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime. Here is a general outline of the steps in a jury trial for misdemeanors and felonies alike unless otherwise noted :.
The court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. Generally, the victim is contacted for a recommendation of sentence and to determine the amount of restitution that is owed. The probation officer concludes the report with a recommended sentence.
Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge's discretion. The judge will consider the information in the pre-sentence report subject to factual corrections by the parties , additional evidence offered by the parties, comments by the crime victim, and other information relevant to the judge's sentencing decision.
For felonies, the Circuit Court judge will consult "sentencing guidelines. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to make restitution to any victims who have suffered financial harm. Appeals from the District Court are heard in the Circuit Court. There are three kinds of appeals: 1 interlocutory, 2 of right, and 3 by leave.
An Interlocutory appeal occurs when a party tries to appeal a judge's decision before the case has come to trial or before a trial is finished. An appeal of right occurs after a final order has been entered by the trial court either a sentencing order, or an order dismissing the charge. A recent amendment to the Michigan Constitution has eliminated most appeals of right when a defendant pleads guilty. Most appeals of right now focus on the sentence imposed. An appeal by leave of the court occurs when an appeal of right is not available e.
The appellate court has the discretion to reject the appeal or can "grant leave". If the appellate court grants leave to appeal, the defendant and Prosecutor file briefs that summarize the case facts, frame the legal issues to be decided, and present persuasive written arguments supported by constitutional, statutory or prior case decision authority. With over bench trials, Michael Goodman has the knowledge and experience to help in any criminal law situation. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
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