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Is there a time limit on which a court system can arraign you?

Lansing, MI |

I was arrested for a misdimeanor. I was taken to the police station, fingerprinted, photographed, charged a bond (which I paid myself), appointed a date for a court appearance, and released. I went to court on my set date which was four days after the arrest, and was told to come back because I was not in the system yet. It has now been two months since my charged, and I have still not been arraigned. Is there a time limit on how long a court system can take on an arraignment?

Attorney Answers 3

Posted

Depending on your State's statute of limitations they will have one or two years in which to bring you into court for arraignment. If you don't hear anything then either the DA is waiting on more evidence (labs) or has not decided whether or not to charge you with what you were arrested for. Sit tight and if you are charged hire an attorney or get a PD if you cannot afford to hire an attorney. If they don't charge you, consider yourself lucky and move on.

The information provided is not intended as legal advice and does not establish an attorney client relationship. If you are in the greater Sacramento area and wish a further consultation please contact me at (916)594-9442.

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2 comments

Asker

Posted

So, bottom line, I really can't do anything for the next year or two but wait for them to charge me?

Sarah Lynn White

Sarah Lynn White

Posted

I just did a quick search....it seems that Michigan has a six year statute of limitations for misdemeanors, but if they charge you that far after I would be shocked and your lawyer could probably win a motion to dismiss at that point. Sorry to be the bearer of bad news.

Posted

On a misdemeanor the statute of limitations is generally 6 years. However, the longer it takes to take your case to trial by the government the better.

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Posted

I agree with Mr. Nichols, the court can still arriagn you at the charges. The court will likely send you a notice to appear for an arriagnment when one is scheduled. If you are concerned, you can always call the clerk of the court to see if an arraignment has been set.

Tara Moody-Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are made for general information purposes ONLY. They are NOT intended to be legal advice and are NOT intended to create an attorney-client relationship between Ms. Moody-Nichol and any readers or subscribers to avvo.com. Tara Moody-Nichol Attorney at Moody & Nichol, PLLC East Lansing, MI (517) 583-0520

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