How Long Does The Prosecutor Have To File Charges?

[thecannabiskid]

1. Its only been a week, but it seems like it would be pretty simple to figure out if i was outside of my legal limits.
   

[+Malamute]

Usuauly years depending on state and unfortunately... it is a felony charge so like whenever they feel like it.

 

Heh.

 

I would wait for a better answer, but for felony crimes it is years.

 

General guidelines:

 

Misdemeanor = 1-2 years

 

Felony = 5-7 yearsish depending

Edited January 24, 2013 by Malamute

[CaveatLector]

If I recall correctly the statute of limitations (SoL) on a misdemeanor is 6 years. For a felony you are usually looking at 6 and sometimes more depending on crime. Murder, for example, has no SoL. It is possible to argue for a dismissal based on deprivation of due process even if something is filed within the SoL if it takes a long time for charges to be filed. Don't count on winning that though.

 

Like I said, that is if I recall correctly but seems about right.

[CaveatLector]

1. Its only been a week, but it seems like it would be pretty simple to figure out if i was outside of my legal limits.
   

 

Unless it's a violent felony or a particularly serious crime don't expect charges to come down immediately. First the cops need to write their reports. Then they need to submit their warrant request to the prosecutor. It's possible that the request will sit in a stack for days before warrant review. Then it's reviewed and a decision whether to charge is made. The prosecutor could send it back to the cops and request more info or investigation if there is no probable cause to believe a crime was committed and that the suspect committed it. Or charges could be issued.

 

Don't be surprised to wait a month or more.

 

edited to add that it's possible that the pros. does reject the warrant request too.

Edited January 24, 2013 by CaveatLector

[thecannabiskid]

thanks guys..I'v been biting my nails all week, guess ill just have to wait it out.

[knucklehead bob]

Or send in a change of address form from Colorado .

[t-pain]

did anyone tell you not to leave town?

[thecannabiskid]

No know one told me not to leave town, but iv decided to stay and stick it out. I don't think I did anything illegal, and don't think any reasonable person would think I was operating in an illegal manner. I have real patients, and i feel like they need me. They just wanted to take my property and kill my patients plants. I talked to one of my patients today about what she was going to do about meds if i got charged, she sounded like she wanted to cry, it was heartbreaking.

[thecannabiskid]

Or send in a change of address form from Colorado .

lol

[t-pain]

I don't think I did anything illegal, and don't think any reasonable person would think I was operating in an illegal manner.

 

prison is full of innocent people with the same thoughts as you.

 

good luck! get a lawyer now and consult with him/her.

 

sometimes police will raid a person because they are protected by the prosecutor.

basically, its a legal way of saying "we dont like yer kind around here, get out"

and when you dont "get out" the hammer drops.

 

of course, this is not legal advice.

 

its an old philosophy.

if they dont like the mexicans in arizona, maybe move out?

they didnt like the black people in mississippi during the 40s/50s/60s. move out ?

they didnt like the mormons in utah, so those polygamists moved to mexico

some germans didnt like some jewish people back in the 30s/40s. was kind of a big deal.

 

of course its silly to compare marijuana to races or religious beliefs. but i hope my point is clear.

if you're on the wrong side of a mob (in this case, the government) you have that choice of flee'ing or fighting.

Edited January 24, 2013 by t-pain

[Wild Bill]

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)

Act 175 of 1927

767.24 Indictments; findings and filing; limitations; extension or tolling.

 

 

(B) Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328.

 

(5) An indictment for false pretenses involving real property, forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud may be found and filed within 10 years after the offense was committed or within 10 years after the instrument affecting real property was recorded, whichever occurs later.

 

(6) All other indictments may be found and filed within 6 years after the offense is committed.

[t-pain]

and even if you win a wrongful arrest or prosecutorial error... they get slapped on the wrist , if they even get punished at all.

 

also, you wont be dealing with reasonable people, you'll be dealing with lying cops, judges and prosecutors who lie and trick jurors into finding you guilty.

 

i'm sorry for the scary "scared straight" talk. have you been to any court hearings for people who are in similar situations?

Edited January 24, 2013 by t-pain

[thecannabiskid]

No i have not been to any court hearings with anyone in a similar situations; but i'v read some, and i do realize I'm facing an uphill battle, and that the deck is stacked against me. I don't think leaving would make it go away if they wanna prosecute me though.. the warrant would follow me.

[pic book]

 

Don't be surprised to wait a month or more.

some MI mmj defts (primarily dispensaries and their employees) were charged some two years after a raid.

[thecannabiskid]

They probably just take their time so they can, wear down patients and caregivers. I never really thought dispensaries, or patient to patient were legal though. (even though they should be)I'm surprised it took so long for that.

[bobandtorey]

Or send in a change of address form from Colorado .

Now that's a great idea

[bobandtorey]

They probably just take their time so they can, wear down patients and caregivers. I never really thought dispensaries, or patient to patient were legal though. (even though they should be)I'm surprised it took so long for that.

 

And that's the worst part waiting and then finding out you our in court for something you have already been found guilt of 8-9 years ago like us

 

We both feel like we our in court for that and if that's right we are guilt I did my time back then and now I am in court for that again all because I took a plea deal BECAUSE I WAS GUILT then but not now

 

How can they do that?

[bobandtorey]

 

 

The sad thing is that this is always the case. The police are protected by the prosecutors, and the prosecutors are protected by the judges. All of this little illegal behavior all the time adds up to a stacked deck against defendants. It is very effective at wearing down the defendant's will to fight the charges, as is the threat of extreme penalties upon failure.

So true we our at the end and very confused who wouldn't be after 4 years

Of Hell

 

We our in court for what I did almost 9-10 years ago it has nothing to do with

MMJ

I can't understand that

[mibrains]

is there anything we can do as a community zap? to help bob and many like him and king outta there?

 

is voting out the local PA's the only resource we have?

 

i know it has been discussed around here what we can do... but what about a press conference or media drive or something.. i think the prosecutors do not like having themselves broadcast all over the media because they have been operating with a vendetta style mentality rather than protect and serve to keep the public safe.

 

seems like flooding their office with letters might help? or would that simply annoy them and cause more trouble?

 

maybe if let them know in Oakland county.. we are watching them.. watch us. and nothing is going to happen without it being splewn all over the airwaves...it might help them slow down on their prosecutor abuses... or would it hurt and cause more trouble for those in the grinder already?

[+Malamute]

Btw, what happened at Bob's court case?

[mibrains]

i think it was postponed...

[+Malamute]

Thanks.

 

I was focused ont he conditions panel.

 

Hopefully they allow the Sec. 8 hearing next time Bob.

[bobandtorey]

Thanks for all the kind words and support from every one

 

We our going to be fine as long as we can tell the truth

That's the hard part in Oakland county them allowing you to

 

[thecannabiskid]

This is definitely what is happening. Bob is being held in the system and tortured not because he is guilty of violating the MMMA, but because the PA thinks she can "get him" because of his past.

I feel like its like it a popularity contest, and they don't like anyone(or the MMMA) they will go around the law, and do whatever it takes to make someone look guilty. If they find out you are registered, and they don't like you, they will come and destroy and take whatever they want. If they find out latter their actions were illegal, they don't care.. I'm sorry their treating you so badly Bob, they should be ashamed..On November 4, 2008, 63% of Michigan voters approved Proposal 1. The Proposal passed in all 83 Michigan counties and received more votes then President Obama.