I have a friend that was going to get convicted of a felony and have to spend 10 plus years in prison so instead of going back to court to hear their sentence they fleed. If they stay on the run for seven years does that mean that their record will go away? Please only give professional answers and site your source if possible.
2007-07-25 07:17:41 · 15 answers · asked by janbp 1 in Politics & Government ➔ Law Enforcement & Police
Statute of limitations is the time limit the police or court have, from the time of the offense, to charge someone with an offense. Your friend was already charged, the statute of limitations do not apply.
2007-07-25 07:44:26 · answer #1 · answered by Judge Dredd 5 · 0⤊ 0⤋
Nope. Being a fugitive doesn't make the crime go away. You said your friend was going to be convicted of a felony, so instead of going back to hear the sentence he fled. That means he has already been tried and convicted but not sentenced. So it doesn't matter how long he stays away -- once he comes back they'll slap the cuffs on him and keep him in prison as a flight risk until he is sentenced, at which point he goes right back to prison where he belongs.
P.S.: If the police question you about the whereabouts of your friend and you don't tell them everything you know, YOU will go to jail for aiding and abetting a convicted felon.
2007-07-25 07:25:55 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Depends on the state where the court hearing took place. Most states have 4 years a limitation for fraud, which is awful because they don't pursue it much.
7 years limitation sounds about right for a felony lower than kidnapping or murder ... provided they had evaded arrest and prosecution to begin with, but fleeing after the court proceedings added to the original sentence. And, any ID check, say a traffic stop, background check or other arrest anywhere else in the States will get him returned to the court he originally ran from to face justice.
2007-07-25 07:26:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Statute of Limitations do still exist on all crimes except murder and war crimes (which are deemed so horrific that they do not have limits).
However your "friend" could be tried and convicted "In abstenia". Meaning they hold the trial and convict him, without him being in the courtroom or even in custody. In which case, whenever he/she is caught, he/she will serve out whatever prison term was handed down. But a person being tried "In Abstenia" is not very common.
2007-07-25 07:34:20 · answer #4 · answered by dta_stonecold_dta 3 · 0⤊ 0⤋
Once he was convicted the statute of limitations was met. The statute of limitations is used as a defense during (or more often preventing) the trial. Now that he has been convicted he can be sent to prison to serve his sentence when ever he is caught. If you help him hide, you can go as well.
2007-07-25 07:29:14 · answer #5 · answered by davidmi711 7 · 1⤊ 0⤋
No, if the person flees that does not protect the person from the statute of limitations. The court can go ahead and file charges and begin the court process against your friend.
2007-07-25 07:23:32 · answer #6 · answered by ஜSnazzlefrazzஜ 5 · 1⤊ 0⤋
LOL - after reading this question did anyone else out there think about the Seinfeld episdoe where they argue about a how a statute of limitation is not an actual statue?!
2007-07-25 07:27:25 · answer #7 · answered by MJ MCK 4 · 0⤊ 0⤋
the relevant statues contain determining sub-clauses with vary with the parameters of the overarching statute inviolated. Yes, to your question, partly, if sub-part III-A qualifies and is met in its provisions and a felony of second or first degree is not the principle charge or else if it is, then if sub-part III-A is NOT met, then it depends on whether the conviction was by nolo contendere or guilty verdict and whether or not special circumstances apply.
Otherwise, no.
2007-07-25 07:24:02 · answer #8 · answered by All hat 7 · 0⤊ 0⤋
that's truly 'statute' of barriers. It exists so which you would be able to stay your existence in some style of convenience understanding that once you're making one million funds the next day, some fool won't pass slowly out of the woodwork from two decades returned claiming which you stepped on his little toe returned in college and brought about him severe soreness and suffering. that's a crude occasion, yet you get the factor. in case you have a pink meat with somebody, it forces you to convey it up now - no longer fifteen years from now.
2016-11-10 07:19:22 · answer #9 · answered by ? 4 · 0⤊ 0⤋
It is Statute of Limitations...not Statue. Their record is not just going to "go away". They are wanted felons and will have to serve their time whenever they are caught.
2007-07-25 07:26:44 · answer #10 · answered by arhoden76 3 · 0⤊ 0⤋