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Published: August 2, 2026
By: Ben Hall | Attorney and Owner of Ben Hall Law | Marine Corps and Iraq War Veteran | Former Police Officer | Former Prosecutor
If you are waiting to see [whether a Michigan prosecutor will file charges](https://www.benhalllaw.com/as-a-former-michigan-prosecutor-heres-how-i-decided-whether-to-file-charges/), silence can feel deceptive. A police stop near [Michigan State University](https://www.benhalllaw.com/criminal-defense-lawyer-msu-students/), a [complaint after a party](https://www.benhalllaw.com/michigan-state-university/noise-ordinance-and-party-citations/) off Grand River Avenue, or an incident in [Lansing](https://www.benhalllaw.com/criminal-defense-lawyer-lansing/), [Okemos](https://www.benhalllaw.com/okemos-criminal-defense-attorney/), or [Haslett](https://www.benhalllaw.com/haslett-criminal-defense-attorney/) may go quiet for days, weeks, or much longer. That does not always mean the matter is over.
The short answer is this: in many Michigan cases, prosecutors have up to 6 years to file charges if no specific statute sets a different deadline. Some crimes carry a longer filing window. Some can be filed at any time. And in a few situations, the clock can pause, which gives the state even more time.
That rule comes from MCL 767.24, Michigan’s criminal statute of limitations law. If you want to know how long a prosecutor can wait to file charges in Michigan, you need to look at the offense, the date of the alleged conduct, and whether any tolling rule applies.
timeline
title Michigan criminal filing windows at a glance
Offense date : Limitations clock usually starts
6 years : Default catchall for many charges not listed elsewhere
10 years or victim age rule : Certain CSC-related offenses
15 years or victim age rule : CSC-II and CSC-III for offenses on or after April 2, 2025
Any time : Some offenses listed in the statute, including CSC-I
Pause possible : Nonresident tolling can stop the clock
Michigan’s default rule is often called the catchall provision. If the offense is not specifically listed elsewhere in the statute, the prosecutor may usually file within 6 years after the offense was committed. That 6-year rule matters in many cases because people often assume the state must act right away. It usually does not.
That said, the 6-year rule is not a one-size-fits-all deadline. Michigan law sets different limits for certain offenses, especially sexual conduct cases. A prosecutor must follow the offense-specific rule when one exists. That is why two people accused of very different crimes may face very different filing timelines.
You should also know that charges do not have to be filed on the day of arrest. Police may ask for a [warrant later](https://www.benhalllaw.com/do-michigan-arrest-or-bench-warrants-expire/). A prosecutor may review reports, [body camera footage](https://www.benhalllaw.com/how-will-i-know-what-type-of-evidence-a-michigan-prosecutor-has-to-pursue-criminal-charges-against-me/), forensic testing, and witness statements before authorizing a complaint. In college-town cases around East Lansing, that delay is common after allegations tied to student housing, bars, fraternity events, or late-night [traffic stops](https://www.benhalllaw.com/what-to-do-after-an-owi-arrest-in-michigan/) near Spartan Stadium.
| Offense category in Michigan | Usual filing deadline |
|---|---|
| Charges not specifically listed in MCL 767.24 | 6 years after the offense |
| CSC-I | May be filed at any time |
| CSC-IV and assault with intent to commit CSC involving penetration | 10 years after the offense, or by the alleged victim’s 21st birthday, whichever is later |
| CSC-II and CSC-III for offenses committed on or after April 2, 2025 | 15 years after the offense, or by the alleged victim’s 42nd birthday, whichever is later |
| Certain CSC cases with DNA evidence from an unidentified individual | Special rules may allow filing at any time or long after identification |
A delayed charge often starts with a file that is still being built. Police may write a report, submit evidence, and send the case for warrant review. The prosecutor may ask for more work before deciding whether to authorize a charge. If a blood test, sexual assault kit, [phone extraction](https://www.benhalllaw.com/can-my-cellphone-data-be-used-as-evidence-after-an-arrest-in-michigan/), or lab result is still pending, that alone can slow everything down.
In Mid-Michigan, that can affect cases tied to nightlife in East Lansing, events downtown near the Michigan State Capitol, or traffic-related investigations on US-127 and I-496. If you are a student, you may think a calm week means you can move on. If you are a parent, you may hope the same. Neither assumption is safe.
A quiet case often stays alive because the prosecutor is still waiting on one missing piece.
Common reasons for a delayed filing include:
Michigan’s most important exceptions to the 6-year rule involve criminal sexual conduct charges. These deadlines are technical, and they changed in 2025 for some offenses. If you are trying to figure out whether a prosecutor can still file, the offense date matters just as much as the offense category.
According to Michigan court materials, CSC-I may be filed at any time. CSC-IV and assault with intent to commit criminal sexual conduct involving penetration carry a 10-year filing period, or until the alleged victim’s 21st birthday, whichever is later.
For CSC-II and CSC-III, Michigan changed the law effective April 2, 2025. For offenses committed on or after that date, prosecutors may file within 15 years after the offense or by the alleged victim’s 42nd birthday, whichever is later. That is a major extension, and it only applies to offenses committed on or after April 2, 2025.
Michigan courts also recognize special DNA rules. If DNA evidence from an unidentified individual exists for CSC-II or CSC-III, the case may be filed at any time after the offense. After the person is identified, the statute still allows filing within 15 years of identification or by the alleged victim’s 42nd birthday, whichever is later.
flowchart TD
A[Alleged CSC offense] --> B{Which offense?}
B --> C[CSC-I]
B --> D[CSC-IV or assault with intent to commit CSC involving penetration]
B --> E[CSC-II or CSC-III]
C --> F[May be filed at any time]
D --> G[10 years after offense or victim's 21st birthday, whichever is later]
E --> H{Offense on or after April 2, 2025?}
H --> I[15 years after offense or victim's 42nd birthday, whichever is later]
I --> J{DNA from unidentified individual?}
J --> K[May be filed at any time after offense]
K --> L[After identification, up to 15 years from identification or victim's 42nd birthday]
One of the most overlooked parts of MCL 767.24 is tolling. Tolling means the clock stops running for a period set by law. In Michigan, the big tolling rule in this area is often called nonresident tolling.
If the person charged did not usually and publicly reside in Michigan, that time is excluded from the limitations period. In plain terms, if someone leaves Michigan and does not usually and publicly live here during that stretch, the prosecutor may get extra time because that period does not count toward the deadline.
This matters for students and young professionals more than many people realize. A person might leave East Lansing after graduation, move to Chicago, Dallas, or Florida, and assume the statute kept running the whole time. Depending on the facts, that may be wrong.
A few rules matter here:
A delayed filing often shows up as a surprise [warrant](https://www.benhalllaw.com/what-should-i-do-if-there-is-a-warrant-for-my-arrest-in-michigan/), a notice to appear, or an [arraignment](https://www.benhalllaw.com/first-court-date-for-criminal-charges/) date after you thought the matter had faded away. Around East Lansing, student-related cases may [land in 54B District Court](https://www.benhalllaw.com/got-a-court-date-at-the-54b-district-court-what-to-know-before-you-go/). Lansing-area cases may move through 54A District Court or the 55th District Court, depending on where the allegation arose. The location matters, but the filing deadline question still comes back to the statute.
You might be working at or commuting past places like Sparrow Hospital, the GM Lansing Grand River Assembly plant, downtown Lansing near Jackson Field, or campus landmarks along the Red Cedar River, all while a case is still under review. That uncertainty affects [jobs, school, travel, and your record](https://www.benhalllaw.com/will-i-lose-my-job-or-professional-license-if-i-am-convicted-of-a-crime-in-michigan/). A prosecutor does not need to warn you that the file is still open.
That is why people get caught off guard by old allegations tied to [OWI](https://www.benhalllaw.com/facing-an-owi-alcohol-charge/), [assault](https://www.benhalllaw.com/what-to-do-if-you-are-charged-with-assault-in-a-michigan-bar-fight/), property damage, [hazing complaints](https://www.benhalllaw.com/michigan-state-university/hazing-charges-at-michigan-state-university/), or [disorderly conduct](https://www.benhalllaw.com/what-happens-after-an-msu-student-is-charged-with-disorderly-conduct-in-east-lansing/). The incident may have happened during a rivalry weekend, after a fraternity event, or during a late-night stop near Albert Avenue. The legal question is not whether the police acted fast. The question is whether the prosecutor filed within the time Michigan law allowed.
If you believe charges might still be filed, act like the case is active. Do not assume that no court date means no case. Early defense work can protect you long before an arraignment appears on a docket.
That starts with keeping evidence, [avoiding informal statements to police](https://www.benhalllaw.com/key-mistakes-what-not-to-say-to-police-during-questioning/), and getting clear advice on the filing deadline that fits your facts. If the case involves East Lansing or Lansing, local court practice matters too. A defense lawyer can review warrant status, police reports, body camera footage, and the statute of limitations issue at the same time.
A practical first step looks like this:
No. Six years is the default catchall for charges not specifically covered by another rule in MCL 767.24. Some offenses have a longer deadline, and some may be filed at any time.
Yes. A prosecutor can authorize [charges after an investigation](https://www.benhalllaw.com/what-are-my-rights-during-a-michigan-criminal-investigation/) even if you were not arrested at the scene. Many cases begin with a warrant request, not an immediate arrest.
Not always. Michigan’s nonresident tolling rule may stop the clock during periods when you did not usually and publicly reside in Michigan. That can extend the filing window.
The April 2, 2025 changes apply to offenses committed on or after that date. Older cases need to be checked under the law that applied at the time, along with any valid extension that took effect before the earlier deadline expired.
Not necessarily. Delays are common when police or prosecutors are waiting on evidence, lab work, witness statements, or warrant review. Silence is not the same as dismissal.
Yes, in certain sexual conduct cases. Michigan’s rules for DNA evidence from an unidentified individual can allow filing at any time after the offense, with added time after identification in the situations covered by the statute.