Statute of Limitations
STATUTE OF LIMITATIONS
The burning question is, how long does the State have to file charges against it's citizens? The Statute of Limitations puts a time limit on the State's ability to "start" the process of pressing charges. But once they've started, say, by filing charging papers, the Statute of Limitations no longer applies (even though it may have taken years and years to serve the warrant). As you might expect, there are ways to fight this issue, especially when the defendant can prove the delay in warrant service was unreasonably long. The reverse is true for the State, whereby if a defendant is out of state, the State's time limit is extended a bit during such times. Bottom line here is that, if you have a concern regarding a statute of limitation issue, it's best, of course, to call criminal attorney John Guidry to walk you thru the analysis. But, for your reading pleasure, here's a brief rundown:
As you might expect, a capital crime and a life felony have no start date, thus the Statute of Limitations does not apply.
Most first degree felony cases must begin prosecution within 4 years after the crime was committed. All other felony charges must begin prosecution within 3 years after the crime was committed. The exception here involves theft crimes, the limitation is extended to 5 years for thefts.
For a misdemeanor case, if it is a first degree misdemeanor, prosecution must begin within 2 years. A second degree misdemeanor must begin within 1 year.
There are so many exceptions to the above listings, so many court interpretations, that it's important to check in with Mr. Guidry regarding any concerns you may have on statute of limitation issues. Go ahead and call, the number is 407.423.1117.
The burning question is, how long does the State have to file charges against it's citizens? The Statute of Limitations puts a time limit on the State's ability to "start" the process of pressing charges. But once they've started, say, by filing charging papers, the Statute of Limitations no longer applies (even though it may have taken years and years to serve the warrant). As you might expect, there are ways to fight this issue, especially when the defendant can prove the delay in warrant service was unreasonably long. The reverse is true for the State, whereby if a defendant is out of state, the State's time limit is extended a bit during such times. Bottom line here is that, if you have a concern regarding a statute of limitation issue, it's best, of course, to call criminal attorney John Guidry to walk you thru the analysis. But, for your reading pleasure, here's a brief rundown:
As you might expect, a capital crime and a life felony have no start date, thus the Statute of Limitations does not apply.
Most first degree felony cases must begin prosecution within 4 years after the crime was committed. All other felony charges must begin prosecution within 3 years after the crime was committed. The exception here involves theft crimes, the limitation is extended to 5 years for thefts.
For a misdemeanor case, if it is a first degree misdemeanor, prosecution must begin within 2 years. A second degree misdemeanor must begin within 1 year.
There are so many exceptions to the above listings, so many court interpretations, that it's important to check in with Mr. Guidry regarding any concerns you may have on statute of limitation issues. Go ahead and call, the number is 407.423.1117.