Complaint False Imprisonment Without Warrant In Michigan
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FAQ
In Michigan, arrest warrants and bench warrants generally do not expire. Once issued, they remain active until the individual is apprehended, appears in court, or the court takes action to recall or quash the warrant.
In Giordenello v. United States, 357 U.S. 480 (1958) it was held that to support the issuance of a warrant the complaint must contain in addition to a statement “of the essential facts constituting the offense” (Rule 3) a statement of the facts relied upon by the complainant to establish probable cause.
It's in effect immediately. It may take a few days to be entered into the NCIC system but you could be arrested or detained if an officer had knowledge of the warrant.
(a) Except as provided in subdivisions (b) through (e), if the report is a false report of a misdemeanor, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(1) A magistrate shall issue a warrant or summons upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the individual accused in the complaint committed that offense. The complaint must be sworn to before a magistrate or clerk.
In many cases, it takes months for an arrest warrant to be issued. If sometime has passed by since a law enforcement officer has wanted to talk to you, it would be in your best interest to call Shawn and have him see if there is a warrant out for your arrest.
Sec. 422a. (1) An individual who intentionally makes a material false statement in a petition filed under section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(a) The person is restrained by means of a weapon or dangerous instrument. (b) The restrained person was secretly confined. (c) The person was restrained to facilitate the commission of another felony or to facilitate flight after commission of another felony.
(a) Except as provided in subdivisions (b) through (e), if the report is a false report of a misdemeanor, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
