Why does it take so long to get charged? The incident happened months ago.

This is common practice in criminal proceedings and the following are the most frequent causes of delays:

1.  Labs:  If it is a drug or alcohol-related case the prosecutor will send either the blood sample or the alleged drugs to the state laboratory.  This process can take months to get back due to budget cuts with the state of Michigan during the last couple of years.  As a general rule, the prosecutor’s office will not file charges until the labs are back.

2.  Investigation:  In some situations, it may take a while for the officer in charge (OIC)  to write his police report and submit it to the prosecutor’s office.   The prosecutor must then decide whether or not to formally charge you with a specific crime.   A common misconception is that the police officer has the authority to charge someone, which  is not the case. It is the prosecutor who has the power to charge someone criminally.

3.  Co-defendants or multiple incidents: In situations or cases that involve co-defendants, the prosecutor will wait until all the information against all parties is complete. If one of the defendants is involved in a separate investigation that has pending charges, the prosecutor will wait to bring charges against this person until the other case has proceeded.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

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