What is that statue of limitations on a dwi ticket? Got a ticket 9-29-09 still have not gotten a courtdate.

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Ticket is not in the system of the court at all. Is it only good for a year?

Attorney Answers

2
John Yetter ·
A statute of limitations applies only to the time the State has to file the charges - and these were filed when the original tickets were issued. To determine the status of the criminal case you should contact the Clerk of the Circuit Court where the case was being heard. They will be able to tell you if the case is still pending, what the status is and whether a warrant was issued for your arrest. John Yetter
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Cy M. AbdoCriminal Defense AttorneyClinton Township, MI ·
You can still be charged. There are different statute of limitations for misdemeanors, felony and offenses which can carry life in prison such as murder. The statute of limitations for 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. As I said, you can still be charged. You may want to contact the court to see if a case is open. A notice may have been sent and you didn't receive it. A warrant may be pending. Cy M. Abdo 42550 Garfield Road, #104-A Clinton Twp, MI 48038 586-412-5555 www.cyabdolaw.com
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