QUESTION

Can a person be released from jail if they have been there for a year and have not gone to trial?

Asked on Mar 10th, 2017 on Criminal Law - Michigan
More details to this question:
N/A
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2 ANSWERS

Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
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A motion can be made to the judge to lower the bond, or make it a personal bond, because the defendant's liberty interest has been interfered with for an unreasonable period of time. Whether it wins is up to the judge, but his ruling can be appealed. In my view, being held a year without trial is outrageously unreasonable, but I am not the judge.
Answered on May 30th, 2017 at 9:28 AM

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Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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Sure, MCR 6.004(C) provides: In a felony case in which the defendant has been incarcerated for a period of 180 days or more to answer for the same crime or a crime based on the same conduct or arising from the same criminal episode...the defendant must be released on personal recognizance, unless the court finds by clear and convincing evidence that the defendant is likely either to fail to appear for future proceedings or to present a danger to any other person or the community.
Answered on May 30th, 2017 at 9:27 AM

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