The maximum you can wait between being charged and taken to court?

Question

I was charged with a crime at the beginning of 2001. Hoewever, I've heard nothing regarding this since. I'm too scared to go and ask the police in case they realise I'm worth pursuing. Can they give me a citation at any time, or is there a limit on the time from being charged, to being taken to court?

Answer 1

Assuming this is U.S. (it would be helpful if people noted their jurisdiction: country, state, county), you say you were "charged" with a crime, but it does not sound like it. To be charged, an accusatory pleading has to be filed with a court. It sounds to me like you were arrested and released. Assuming that you have the police your correct address, if a charge had been filed you would have been notified one way or the other in any jurisdiction.

If you have not yet been charged, it is almost certain that some statute of limitations applies--and in most cases has been exceeded. In most places a misdemeanor charge must be filed within one year, and a felony charge within 3 to 5 years (though these time limits vary from place to place).

If, however, a charge was filed, then you do have a constitutional right to a speedy trial, which can be (but is not always) violated by a lengthy delay before you are taken to court. If you can afford it, can consult an attorney who could find out whether a charge was filed and advise you of your situtation depending upon the answer. If you cannot afford an attorney, you might contact the local public defender's office, if there is one. They may be able to give you this information (though that is not true everywhere).

ADD: I don't know where the poster came up with the 72-hour figure. If you are arrested without a warrant, and held in custody, a charge has to be filed and reviewed by a judge within 48 hours under a case called McLaughlin v. County of Riverside. Many states have time limits within which people in custody must be brought to court, which can be around 72 hours. However, none of these short time limits apply if the person arrested is released.

ADD: You can tell by the variation in answers here that it is impossible to give a complete answer without knowing your jurisdiction. And, by the way, a preaccusation delay can violate due process if very long, unjustified, and prejudicial. A postaccusation delay is covered by the constitutional right to speedy trial, and prejudice can be presumed in some situations.

Answer 2

I would call and ask if they have a warrant for your arrest. However, you need to check with your state's statute of limitations and penal code. This will explain the degree of the crime you commited and how long they have for the courts to indict you on the charge.

For example. In Texas, a lot of crimes you have two years to get indicted by gran jury. If you are not indicted by that time, the charge is dismissed.

If a charge is dismissed, the courts don't have to let you know.

Good luck with it..

Answer 3

There is a limit, apparently you were arrested but not charged, there is a difference, if they were going to charge you they have to give you an appearance before a Judge within 72 hours, set bail, and the speedy trial rule, unless waived by you, would have already lapsed. You are home free on that one keep your nose clean and start the New Year with a good job and a good life!!

Answer 4

If you're not guilty, you have nothing to fear from asking the police what is happening. If you are guilty, then get it over and done with and own up to your crime.
Do you not have a solicitor? Are you sure you were actually charged? Dopey though the police are sometimes, they don't often just forget people like this.
It's also possible that the paperwork's been lost. Alternatively, there is a pile of letters containing court summonses waiting for you somewhere.

Answer 5

They have till the statue of limitations run out for the crime that you are charged with. This time is usually several years but varied from state to state and crime to crime. You can go on line and check for the state you are in. The time starts from when the crime was committed and not when they charged you.

Answer 6

Hey there,
This is a link where you can downlod for free Letters from Nowhere 2: http://bitly.com/1pnRzHT

Finally the full version is avaiable!
Hidden objects games are always fun to play. People forget the without these types of games, there won’t be any of the new generation games we see today.
It's the best game.

Answer 7

Your question invites additional questions,such as is it a misdemeanor, felony, civil, criminal,etc.?.The Statute of Limitations in most cases is seven years for general offenses in the Criminal category, and two in the misdemeanor. Murder and
Aggrevated Offenses against Persons have no Statute of
Limitations. I hope this helps you. GOD BLESS/GOOD LUCK!
P/S; If you were CHARGED in 2001 and have not been taken to
Court yet then the Constitutional Guarantee of Due Process has
been Violated and the case should be dismissed! G/B!

Answer 8

well there are statues of limitation for crimes, so theoretically if you wait long enough they can't charge you, even if they know that you did it. Sounds kind of like they either forgot about you or they dropped the charges and didn't bother to tell you about it. You do have a right to a quick trial, but that only applies to be people who are in jail waiting to be tried. If I were you i wouldn't do anything, maybe you slipped through the system.

Answer 9

In the states your right to a speedy trial would be over and gone and your charge would be dismissed.

If you're in the states, I would go to the district attorney's office where you were charged and ask what the status is, not knowing is worse than dealing with it. :) It'll be fine, it's been 5 years, nothing's going to happen to you now.

(If you're overseas, sorry, I don't want to give you bad advice, but I still think you should take care of it and get it off your plate!)

Answer 10

I think it is 180 days...you should call the court clerk and see if there is a bench warrant out for you or ask if the charges were dropped.