How exactly does this work? Say you are chanrged with something like a burglary or theft and you are not prosecuted within a certain amount of time, do the charges no longer stick? I know that only murder has no statute of limitations right?
2006-07-30 17:48:44 · 12 answers · asked by Sunshine 4 in Politics & Government ➔ Law Enforcement & Police
LOL, I didn't do anything, I promise. Just a discussion a friend and I we're having
2006-07-30 17:52:50 · update #1
California for instance
2006-07-30 17:56:36 · update #2
The actual length of the limitation period varies in Canadian law and in the individual US state laws.
However, the time limit applies to the laying of the information only. Not the prosecution. As long as the charge is laid within the statutory period, it is valid. The prosecution, nor the actual arrest need take place within this timeframe.
So, if you commit a burglary today, they have 2 years to find out you did it and lay the charge. If they lay the charge in 23 months but you are not around, the charge is still valid and the warrant will stay on file for you and you will be prosecuted once it is executed.
Hope that explains things.
2006-07-30 17:56:31 · answer #1 · answered by Jim D 3 · 2⤊ 0⤋
There are statues of limitations on many things not just crimes. Depending on the state that you live in and/or the state in which the crime committed, if you are not officially charged with the crime within a certain amount of time, you can not longer be prosecuted for that crime, expect of course for a case involving murder, where there is not statue of limitations. Other types of limitations include the collection of debts by creditors. For more information about that you would want to talk with an attorney in the state in which you live.
2006-07-31 00:55:09 · answer #2 · answered by red5293 3 · 0⤊ 0⤋
Murder and most sex crimes hold no statute of limitations. With regard to other felonies, if the charges have already been filed with a court date pending, technically there is no statute of limitations. If the charges have not been filed, then it would depend on the crime or accusation. Court dockets are sometimes cleared of old cases usually after 5 years, but that is the sole decision of the court.
Arrest warrants, on the other hand, are valid until executed (another example of no statute of limitations) or terminated by the issuing court.
2006-07-31 00:54:36 · answer #3 · answered by DocoMyster 5 · 0⤊ 0⤋
If you have committed a crime and are not charged with it within a certain amount of time, the statute of limitations means you can't be charged/prosecuted.
However, if you are charged with a crime, by law you are guaranteed a "speedy trial" (loosely interpreted); it's extremely rare for the time to run out after a charge.
2006-07-31 00:56:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That is what it means. If you steal a book in 2006 and no one catches you or prosecutes you until X number of years, they can't do anything to you since time has run out. The crime and number of years changes depending on the state. Generally, murder and war crimes do not have a statute of limitations.
2006-07-31 00:53:51 · answer #5 · answered by ♪ ♥ ♪ ♥ 5 · 0⤊ 0⤋
Well, murder is NOT the only crime that has no expiration on its statute of limitations. Otherwise, burglary, theft, and many others do have a statute of limitations which will run their course(s); the length of time depends on the jurisdiction (state) who has prosecutorial powers over the crime.
What did ya do, anyway, Sunshine???
(lol - :-)
2006-07-31 01:05:45 · answer #6 · answered by Joey 3 · 0⤊ 0⤋
Most states, the statute of limitations are a year for misdemeanors, 5-10 years for some lower classified felonies, 20-30 years for child molestation, rape/sodomy.
2006-07-31 11:28:23 · answer #7 · answered by sexxymexxy926 3 · 0⤊ 0⤋
Embezzlement and kidnapping don't have limitations on them either. And with your question, if one was charged but not as of yet prosecuted, you have not stipulated how long. Just a note though, I had a cousin in Colorado who was never prosecuted but charged and three years later, they reached over to Oregon and tapped her butt.
2006-07-31 00:54:49 · answer #8 · answered by midnightdealer 5 · 0⤊ 0⤋
It goes by the laws of whatever state you reside in, and they can be different. For instance in California, different kinds of fraud have an SOL of 4 years. SOLs are different for criminal vs. civil cases. Felonies have different SOLs than misdemeanor crimes. You'd have to tell us the state you are talking about to get a good answer. The laws can be looked up online.
2006-07-31 00:54:41 · answer #9 · answered by heart_focus 2 · 0⤊ 0⤋
The time depends on the state and the crime. You should consult a lawyer soon about this though... even if it's the district attorney. A phone call should do it.
2006-07-31 00:51:54 · answer #10 · answered by Mama R 5 · 0⤊ 0⤋