How is the criminal statue of limitations counted?

UPDATED: Oct 7, 2011

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How is the criminal statue of limitations counted?

I got arrested for misdemeanor DUI. I went to court and they said they didn’t have my paperwork yet and sent me home. Now almost 2 years from my arrest date and they’ve never taken me to court. I’ve been told that there’s a 2 year statute on misdemeanors. So once the anniversary of the arrest hits, can I just call the court and tell them to drop the charges. Do I need to go up there? Do I need a DUI lawyer, etc? I’m in Jackson County, MI. 

Asked on October 7, 2011 under Criminal Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have been arrested for a driving under the influence charge more than two(2) years ago but have never been to trial, you need to immediately retain a criminal defense attorney about your situation in that under state and federal constitutions you have the right to a speedy trial.

The issue concerning your matter is whether or not you waived time for a speedy trial or not. The two (2) year statute of limitations concerning misdemeanors deals most likely when one commits a crime that technically is a misdemeanor but charges are not filed for two (2) years. Your situation is different. Charges were filed against you within two (2) years. You have not had your court date.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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