Q: Is the 21 day rule still in affect in Michigan under "the right for due process?"
The law was that a case gets dismissed if the court delays a court date for longer than 21 days.
A: Criminal procedure involves a number of dates and timelines. I am unaware of a 21 Day Rule; and certainly unaware of one whose violation would require dismissing charges. If you are referring to what is commonly known as the Speedy Trial rule, you should know that many exceptions exist, and that if the issue is pursued, it could lead to a bond hearing where the judge would have to indicate reasons for keeping a bond in place (obviously if the person in incarcerated pending trial), and it could lead to a hastily set trial date. It would be wise to assume that if pressured, the prosecutor is probably more ready for trial than the defense; and in general, there are many legitimate reasons for a defense attorney to push things out a bit. You do not want a judge to say "you have a right to a trial, and since you want one so badly, we'll start this Monday at 8:30 a.m. whether you're ready or not".
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
