Can my DUI case from 5 years ago be brought to court? 6 Answers as of June 09, 2011

Over 5 years back I crashed and was found to have intoxicants in my bloodstream. I haven't been charged however, the secretary of state was notified and a hold of sorts was placed on my license. The police department is in the process of closing and law enforcement within the city is to be handled by the county sheriff in the very near future. My questions: Can the county adopt this old case and press charges? Would it be wise to go over and try to clear this up before the transition from city police to county sheriff is made? Should I worry about this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I would recommend consulting with a local criminal defense attorney to assist you with this matter. In you need specific legal advice, you should privately consult with an attorney. Most attorneys provide free initial consultations. Anyone charged with an offense is presumed innocent until proven guilty. People charged with any sort of traffic offense in Michigan must deal with both the courts and the Secretary of State. Within the boundaries of the applicable state laws, the Secretary of State has the legal authority, among other things, to regulate driver's licenses. They have their own policies and procedures with their own administrative code. Granted, there is some overlap, and ultimately, there are mechanisms to request judicial review of decisions made by the Secretary of State regarding a person's license. Further, courts will notify the Secretary of State of the outcome of pending traffic matters. However, the Secretary of State has their own, separate, respective records. If there is a disagreement over a person's traffic history, generally the first step is try to work with the Secretary of State through their administrative regulations to try to get the issue resolved. However, in some limited instances, it may be possible to appeal directly to the courts for review. The appropriate prosecuting attorney ultimately decides whether to pursue a case; not the police. The police, whether it's county or city, send their police reports to the appropriate prosecutor. Speaking in general terms, a prosecuting attorney may pursue charges years after an initial investigation. However, old cases tend to be more difficult for them to prove for several reasons. Depending on the type of charge, there may issues with the statute of limitations. Further, witnesses may no longer be available or evidence may have disappeared. A lengthy delay may hinder a possible defense as well because exculpatory evidence may have disappeared. If the prosecutor ever ultimately The burden of proof would be on the prosecutor. You are presumed innocent until proven guilty. The prosecutor would need to prove your case beyond a reasonable doubt.
Answer Applies to: Michigan
Replied: 6/9/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In general, there is a 6-year statute of limitations in Michigan for most criminal offenses. (If a death was involved, for example, then this is not applicable). If you were arrested, then according to a different statute you should have been arraigned or a warrant or complaint issued within 14 days of the arrest. Should you wait until after the 6-year period, a Motion could be brought to remove this notation of Sec 625 Permit Issued from your record, and you can seek to get your picture license. This is my view and not legal advice to be relied upon. Should you wish to retain this office to represent you, then an attorney-client relationship could exist, and we can proceed from there. This general information is provided for reference only. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/9/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
The statute of limitations for this crime is six years. As long as they bring the charges within six years of the date of incident, it is valid. However, it can prove sometimes to be somewhat difficult to meet their burden on cases that old, but it can be done.
Answer Applies to: Michigan
Replied: 6/8/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
The only person who can authorize criminal charges is the prosecuting attorney. It is surprising that an incident that happened 5 years ago has not been acted upon by the prosecutor. I believe the statute of limitations is 6 years so if nothing is done within that time, it appears you are free.
Answer Applies to: Michigan
Replied: 6/8/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes, they can still charge you under the state statute because the statute of limitations for state cases is 6 years. Yes, you should go to clear it up. The city attorney is likely to be more lenient than the county prosecutor. You need to hire an experienced attorney for this legal matter before you do anything. That lawyer can help you through the process. If you have further questions, call me or visit my website for more information.
Answer Applies to: Michigan
Replied: 6/8/2011
Click to View More Answers: