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  1. #1

    Default Can You Face State Charges After Serving a Federal Sentence

    My question involves court procedures for the state of: Michigan

    Hi: I have a friend that has been convicted of the Federal offense of having child porn on his computer. He has been sentenced to 11 years in the federal prison system. He has served 1 1/2 years of that at this time. He also has a state charge of child molestation pending. The question is how long can they wait to bring formal charges, and is there any state statute of limitations for such a crime in Michigan? Or can they wait out the 11 years and then charge him and start over?

    Thanks to all of you that answer in advance.

  2. #2
    Join Date
    Jul 2010

    Default Re: Federal Prison Sentencing Before State Sentencing Can They Wait

    Once he is charged, the SOL stops.

  3. #3

    Default Re: Federal Prison Sentencing Before State Sentencing Can They Wait

    For sexual crimes against a minor in MI, the state can bring charges any time up until the victim reaches the age of 21, or, 10 years after commission of the crime, which ever is LATER.

    Depending on the age of the victim at the time, the state may very well be planning to arrest him on their child molestation case on the day he's released from prison.

    Prosecutors at all levels tend to do everything they can to maximize the amount of times spent behind bars for those who commit these types of crimes against minors.
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  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can You Face State Charges After Serving a Federal Sentence

    Your friend should work with his lawyer to try to be brought before the state court for the resolution of that charge - the statute of limitations is long and the mere issuance of an information and arrest warrant won't trigger your friend's speedy trial rights - speedy trial rights start when he's actually arrested by state authorities or they lodge a detainer with federal authorities. See People v. Patton, 285 Mich. App. 229, 775 N.W.2d 610 (2009).

  5. #5
    Join Date
    Jan 2012
    Tacoma, WA

    Default Re: Can You Face State Charges After Serving a Federal Sentence

    Yes, the state can arrest and file any time before the statute of limitations runs out. The prosecutor can also file charges and issue an arrest warrant now. That stops the statute of limitations and the warrant can be served whenever your friend is released from fed custody (even if they held him far past the time indicated by the statute of limitations). Mr. Knowitall is right...Your friend should get his lawyer to try to get the state issued resolved now. That way there is a chance that he can serve time concurrently rather than consecutively.
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