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Figuring Out Charges Before Going to Court

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  • 03-31-2005, 10:31 AM
    brunad
    Figuring Out Charges Before Going to Court
    I have a court date coming soon (the arrignment), but my lawyers office has been calling there for days and they don' t even have my file yet. I was arrested for shoplifting. My questions are:
    How long after you are arrested and released does it take for the prosecutor to file charges?
    What happens if it doesn't happen before my court date?
    I guess, I am trying to find out if there is any remote possibility that it doesn't happen at all (keep in mind that I was arrested and released on bond).
    Thanks
  • 03-31-2005, 10:41 AM
    aaron
    Criminal Charges & Arraignment
    If I may attempt to read between the lines, I assume you were arrested as a suspect in a criminal case, and brought before a court for a bail hearing, at which time you were instructed of a date upon which you would return to court for arraignment? And now that date is approaching, but the prosecutor has yet to file the information describing the specific charges being made against you?

    Whether or not the prosecutor's actions are timely will depend upon your state's rules of criminal procedure - your lawyer can advise you on those. However, if the delay is from the prosecutor's office, perhaps your lawyer should be attempting to get the specifics of any charges directly from the prosecutor rather than waiting for the prosecutor to file them with the court.

    The arraignment is the formal reading of the charges against you, following which you have the opportunity to enter a plea. If the prosecutor doesn't have any charges to be read, and you don't waive the arraignment, depending upon your jurisdiction's rules of criminal procedure and local practice, you are most likely going to either see the charge dismissed without prejudice (meaning that charges can be filed at a later date), or to have the arraignment adjourned to a later date such that the prosecutor can file the required paperwork.
  • 03-31-2005, 10:52 AM
    brunad
    I was actually never brought before a court for a bail hearing. I paid the bond at the police station where they took me when I got arrested. I paid it right away before they let me go home.
    I never got a ticket or anything else though. I am also trying to find out if there is a time limit for the prosecutor to file charges or he can do it whenever he feels like it. (moonths or even years later?)
  • 03-31-2005, 10:54 AM
    brunad
    I am located in Michigan
  • 03-31-2005, 12:08 PM
    brunad
    One more question: What is a suspended sentence?
  • 03-31-2005, 03:50 PM
    aaron
    Arraignment
    So you do not have a scheduled arraignment?

    The prosecutor can bring charges within the confines of the statute of limitations, which for most Michigan offenses is six years. Once you have been arraigned, additional time limits apply.

    A suspended sentence typically refers to a disposition whereby if you stay out of trouble for a period of probation, the charge against you is dismissed.
  • 04-01-2005, 04:46 PM
    brunad
    One more question.
    A few days ago I received a letter from the store saying that I had to pay them a fine of $200. I called my lawyer and he said not to pay it yet. My concern is that the letter sais that if I don't pay it they can sue me according to the Michigan Law.
    Also, I am only a couple of days away from the date that I have to appear in court and the court still doesn't have my file. Is there any chance at all that the prosecutor is just not going to charge me at all, and how would I find that out?
    What can I ask my lawyer to do to speed up the process, can I ask him to contact the prosecutor or that is not common?
  • 04-01-2005, 05:38 PM
    aaron
    Charges
    Your lawyer can't make the prosecutor do anything. I'm sure your lawyer will bring the appropriate motions if there is no formal charge filed by the time of your arraignment. As for the suit, follow your lawyer's advice - that's why you're paying him, after all.
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