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If a prossecutor dismisses a case and says status closed can they reopen it

Perry, MI |

the case is 11 years old and never went to court

Attorney Answers 2

  1. With rare exceptions for Murder, CSC 1st, Identity Theft and other specified felonies, Michigan's statute of limitations is 6 years.

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  2. The fact that a case is dismissed does not prevent it from being reopened, unless a jury was already sworn at the time of dismissal. If dismissed during trial, the double jeopardy clause of the constitution would usually prevent reopening the case. If dismissed before trial, then double jeopardy does not apply. However, the time that has passed might make the charges impossible to bring because of the statute of limitations. For several serious crimes there are no time limits, but for most crimes the time limit is 6 years. Consult with an attorney.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

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