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agrover

Guest
DNA

What is the name of your state? MI

My husband was arrested 80 days ago...Everytime it is a court date, the preliminary gets adjourned because everyone is too afraid to take this to the higher courts because there is no evidence at all...The case is going to be solely based on DNA test results that never seem to come back...My question is for starters, what is the statute of limitations for how long they can keep one incarcerated before sending them to the circuit court...Dont they only have so many days that they can keep him in the lower courts??? I feel the right to a "fair and speedy trial" has already been violated...
 
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ALawyer

Senior Member
This would require a Michigan lawyer's answer. Brief delays - and these seem brief-- do not violate constitutional rights to a speedy trial, so unless there is a state law requiring trial sooner, he's out of luck.
 
A

agrover

Guest
DNA Questions

ok, well is there a standard time that DNA results would normally come back?? The first time the DNA tests were ran, it took 9 weeks to find out that there were no comparisons...so DA decided that they needed to do them over, took saliva swabs only and we are entering into our 3rd week on these tests...My husband already had his DNA on file...They claimed that because there was no comparisons, his file must have been lost...but it is also rumored that the alledged "victim" can't be found...We guessed that the DA was simply trying to buy time to locate her...Is that a feasible assumption?? I must also add that there is no evidence at all supporting any claims that she has made...Even the medical reports do not say anything...The down side of this is that my husband does have a criminal back ground which causes a prejudice off the top...We are acquainted with this girl, she is my step son's ex-girlfriend...Heck, we want the preliminary just to see if she would even show up...Prelim has been postponed 11 times...
 
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