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  1. #1
    Join Date
    Sep 2010
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    Default Home Invasion Laws

    My question involves criminal law for the state of: Michigan. Is there a statue of limitations for home invasion - 2nd degree? Is so, what is it?

  2. #2
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    Jan 2006
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    Default Re: Home Invasion

    most likely but how do you know it is home invasion 2nd degree if it hasn't been charged yet?


    Once a warrant is issued for a person, the statute of limitations tolls (stops running). Was there a warrant issued?

  3. #3
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    Sep 2010
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    Default Re: Home Invasion

    I know that you are only providing a comment, but there is a warrant placed back in 2002. So are you saying that the statue of limitation is no longer valid? I understand that your not a lawyer, but it is interesting to hear the different responses. It doesn't say charges on my sister, but it says offense; so is that something different from being charged?

  4. #4
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    Default Re: Home Invasion

    =DetroitLady;459513] So are you saying that the statue of limitation is no longer valid?
    and we have a winner!!!

    I understand that your not a lawyer, but it is interesting to hear the different responses. It doesn't say charges on my sister, but it says offense; so is that something different from being charged?
    she has been charged by the issue if the warrant. Obviously she hasn't been arraigned which is the procedure where she stands in front of a judge and the charges are formally presented to her but she has been charged with the crime already.

    The warrant will be there until served or until the courts would rescind it for some reason.

  5. #5
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    Sep 2010
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    Default Re: Home Invasion

    Can the warrant be dismissed if the person that stated the information for this warrant to be issued is no longer living? There is no living witness from what we are hearing.......... Or can one find someone guilty based on the statement giving by the deceased person?

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Home Invasion

    The warrant has no statute of limitations. It is good forever or until executed.

    The death of the complaining witness will not result in the warrant being withdrawn. The state might well have other ways of proving the offense.

    The person in the warrant would have to hire an attorney and have the attorney see if the state intends to still prosecute and find a way to have the warrant quashed. Although it is possible the only way to do so, is for the subject of the warrant to surrender.

  7. #7
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    Default Re: Home Invasion

    =DetroitLady;459520]Can the warrant be dismissed if the person that stated the information for this warrant to be issued is no longer living?
    that would be totally up to the DA. If the DA believes s/he cannot proceed with the case, they should dismiss the warrant. There is no requirement to dismiss though.

    There is no living witness from what we are hearing.......... Or can one find someone guilty based on the statement giving by the deceased person?
    If the only evidence they have is the word of a now deceased person, I doubt they would move forward with the case. It generally takes some special actions to be able to accept the statements of a deceased person as being admissible in court.

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