Charged With an Assault and Battery that Occurred Ten Years Ago

[adick]

My question involves criminal law for the state of: Michigan

A knock on my door today and was arrested on an almost 11 year old warrant for a misdemeanor simple assault charge. I had no idea I had a warrant out for my arrest!

What do I do from here? Is there a statute of limitations on a misdemeanor assault charge? Can I file a motion to dismiss on the grounds of how old the case is? Looking for some direction! I'd like to get this handled ASAP, and if I had any knowledge of a warrant previously I would have taken care of it.

Thanks

[Mr. Knowitall]

The statute of limitations stopped running when you were charged. You can discuss with your lawyer why you weren't aware of the charge for more than a decade, and whether that might raise a Due Process defense.

[adick]

So I'm not charged with the crime until I'm arrested on the warrant? I was under the assumption I was charged with the crime over 10 years ago? Is Due process the same as nolle process?

[Mr. Knowitall]

Not even close. You were charged back when the warrant was issued.

I suggest you invest in a dictionary. "Due Process" has nothing to do with the concept of a charge being nolle prossed.

[aardvarc]

Here's what happened:

1) the crime occurred
2) police took a report and investigated
3) that investigation pointed to you as the perpetrator
4) police turned over their investigation to the state (the DA)
5) the DA decided that they likely had a decent case against you
6) the DA charged you with the crime and requested a warrant for your arrest

If that process occurred within 6 years (Michigan's SOL for misdemeanors), then the state is within the SOL. The "clock" on the case stopped ticking when you were charged, and was suspended until arrest. Now the clock is ticking again; raising possibilities, as Mr. K noted, of due process issues, or, if the state takes a long time to now prepare for trial, for "speedy trial" issues. Discuss with your attorney.

[adick]

Thanks for the insight. I am very frustrated about this. I had no idea I was even ever charged with a crime, much less that there was a warrant out for my arrest. I can't figure out how I've gone almost 11 years without ever being notified, arrested, anything...I've lived in the same county most of the 10 years and have had a couple of different jobs with background checks performed. I am totally lost, I've never had to deal with anything like this before, and not sure where to start. I didn't know I was a perpetrator, or about an investigation, of a case....

I'm more concerned with the long term repercussions. I have a clean record, and several children and don't want something stupid like this to affect my ability to volunteer at their schools or be involved in church events. I've never had any other previous issues with getting involved, and have volunteered several times...

I've never been to court other than to get a divorce and that was also 11 years ago and I filed the papers myself it was a "no contest" divorce, very amicable and we just dealt with the papers...No trials or lawyers.

What type of attorney should I be looking for? I don't think I'd want a court appointed attorney would I?