Accused of Home Invasion-Second Degree

My question involves criminal law for the state of: Michigan. My sister just found out after applying for a job that there was a warrant for her arrest back in Michigan from 8yrs ago. My sister informed them that they had either spelled her name incorrectly or someone back in Michigan used her name. Well she found out the other day that the male friend that she used to leave home was broken into by her ex-boyfriend. In return without any knowledge of hers the ex-boyfriend took a plea, and stated that my sister told him to do it. Sadly she was informed that her ex was killed back in 2006. So we are wonder what should she do, because she swears that she had nothing to do with the incident. What is also sad is that she ran across the male friend in which the home was broken into about 5 years ago during her visit back in Michigan, and he stated to her that he knew she didn't have anything to do with the home invasion of his house. Can someone give us the best of advice for my sister, because not only has she obtain her AABA in 2009 but she currently received her BBA last week. She is currently enrolled in her Master's program, but a very promising career was taken away from her because of these allegations.

warrants don't just go away. Very little she can do other than turn herself in and deal with the ensuing case. She may be able to negotiate a scheduled surrender and bail so she won't actually go to jail. A lawyer is her best chance of anything of that sort happening.

Yeah we understand that she has to turn herself in, but we were wondering if charges can be placed on her by hearsay from an ex who is now deceased? Could there be a chance of this being dismissed since the person that pleaed guility to breaking in is deceased, and he is the one that mentioned my sister name as the one that told him to do it?

She needs to hire an attorney in Michigan in the metro area where the warrant was issued. The attorney can perhaps have it quashed. Once it goes into the system it just sits there. The attorney can talk to the DA and determine if the DA will or can prosecute the case. Perhaps they will quash the warrant and dismiss the underlying case once they learn there is no witness and they have no case.

If that does not work, she will have to return and let things work their way through the system. The attorney though can make things much easier.

Nothing is define but a lawyer maybe able to arrange a dismal and then see what files can be expunged if she granted the dismal. The amount of evidence needed to get an arrest warrant is less then that need for a conviction. Unfortunately someone lying about her committing the crime is enough for a warrant to be filed.

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=DetroitLady;458901]Yeah we understand that she has to turn herself in, but we were wondering if charges can be placed on her by hearsay from an ex who is now deceased

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well, if that is all they have and there is a warrant, the answer is obvious; yes

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Could there be a chance of this being dismissed since the person that pleaed guility to breaking in is deceased, and he is the one that mentioned my sister name as the one that told him to do it?

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unless you know that is the only evidence they have against your sister, you are a bit premature. If that is the only evidence, she may be able to get this dismissed as the DA not being able to prosecute her.

the only way to find out is face the charge and go from there.

Thank you very much for the responses. My sister is going home to turn herself in, but again she is scared because of such a thing that she had nothing to do with. I believe my sister is telling us the truth, because she has been in a daise to think that someone she was in love with would say such a thing. To think that this has been placed in the archive 8 years ago; she doesn't want anyone to think that she was running from it. It's just hearsay from what little information we can get from the court back home. Just to think that she has accomplished so much her with getting her AABA, BBA, and currently workin on her Master's, and to giving a job that was very promising but watch it get taken from you for a situation that had nothing to do with you is something......... I don't want my sister to go to jail for something she didn't do, and the only thing they show is a plea the ex took saying that my sister told him to do it...........

I would seriously consider contacting an attorney before turning herself in. They may be able to work out a walk through arrest, arraignment, and bail. If so, she may not have to spend any time actually in jail. Walking in and turning yourself in does not allow you to set that up so you have to go through the longer process of arrest, detention, arraignment and bail hearing, and then waiting for somebody to post bail.

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Quoting jk

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I would seriously consider contacting an attorney before turning herself in. They may be able to work out a walk through arrest, arraignment, and bail. If so, she may not have to spend any time actually in jail. Walking in and turning yourself in does not allow you to set that up so you have to go through the longer process of arrest, detention, arraignment and bail hearing, and then waiting for somebody to post bail.

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Defintely,it can limit her time being procesed and turning herself in on a monday morning is better then late thursday or friday night.