Can you be prosecuted for a crime after the time limit has ran out? 17 Answers as of August 27, 2014

If a person waits until the time limit has ran out to bring charges, can the person that committed the crime still be charged and prosecuted for this crime even after the time allowed to bring charges has ran out?

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Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
If you were in the state of offense and therefore available, the state is required to commence charges within the statute of limitations period for that offense. Remember, the state has initiated its charge when the charge is filed. If you failed to appear in court, the case has nevertheless been filed.
Answer Applies to: Minnesota
Replied: 8/27/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
If you are talking about the fact that the statute of limitations, recognized in the State of Michigan, has run, then no further charges can be filed. What concerns me about your question is that you ask about being prosecuted (criminal offense brought by the State) and a person bringing charges (civil offense brought by another member of the public). The statute of limitations for the same offense are different for civil and criminal matters, so make sure the limitations period that you are looking at applies to the correct cause of action.
Answer Applies to: Michigan
Replied: 8/27/2014
Universal Law Group, Inc. | Francis John Cowhig
It depends on the crime, when it was discovered and why it took so long for the D.A. or prosecuting attorney to file charges.
Answer Applies to: California
Replied: 8/27/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
No. Probably not.
Answer Applies to: California
Replied: 8/27/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
It all depends. I would need a lot more information. If charges were filed and the person failed to appear in court, as required, and the court issued a warrant, then the warrant prevents the statute of limitations from running. In other words, you can't evade the legal process.
Answer Applies to: Washington
Replied: 8/27/2014
    The Law Office of Carlos H. Davalos
    The Law Office of Carlos H. Davalos | Carlos H. Davalos
    If the statute of limitations on the charge has run, the charge cannot be brought.
    Answer Applies to: Illinois
    Replied: 8/26/2014
    Gates' Law, PLLC | Thomas E. Gates
    If the statute of limitation has tolled, then they are unable to prosecute. Crimes have different statute of limitations.
    Answer Applies to: Washington
    Replied: 8/26/2014
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    If the statute of lenitions has run, you cannot be prosecuted.
    Answer Applies to: Nevada
    Replied: 8/26/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    I don't know what you mean by time limit. There are statute of limitations for most crimes. The statute of limitations runs from the date the crime is committed. Once the statute of limitations expires, no charges can be brought for the crime in question. If someone waits too long to press charges, the alleged culprit cannot be prosecuted.
    Answer Applies to: New York
    Replied: 8/26/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Unless the statute of limitations has run charges still can be made.
    Answer Applies to: Nevada
    Replied: 8/26/2014
    DeVoe Treadwell, Attorney at Law
    DeVoe Treadwell, Attorney at Law | DeVoe Treadwell, Attorney at Law
    The answer is yes and no. The DA can still file charges out of time but it's up to your attorney to file the necessary pleading to have the case dismissed.
    Answer Applies to: Kansas
    Replied: 8/26/2014
    Henry Lebensbaum | Henry Lebensbaum
    If the SOL lapsed, the very short answer is probably not.
    Answer Applies to: Massachusetts
    Replied: 8/26/2014
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    No. It can't be charged after the statute of limitations runs.
    Answer Applies to: California
    Replied: 8/26/2014
    Steven R. Tabano & Associates
    Steven R. Tabano & Associates | Steven R. Tabano
    Criminal charges cannot be "filed" after the statute of limitation has expired. Once they have been filed the statute of limitations stops and you can be prosecuted whenever you are caught or found by the police, even years and years later.
    Answer Applies to: Pennsylvania
    Replied: 8/26/2014
    The Law Firm of Dmitriy Shakhnevich
    The Law Firm of Dmitriy Shakhnevich | Dmitriy Shakhnevich
    If the statute of limitations has run for prosecution of a certain crime, then no, prosecution cannot take place.
    Answer Applies to: New York
    Replied: 8/26/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    No, not if the statute of limitations has expired. Contact n experienced criminal defense attorney to see if it truly has.
    Answer Applies to: Michigan
    Replied: 8/26/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The statute of limitations may be what you are referring to. If so, the answer is no, cannot be prosecuted.
    Answer Applies to: California
    Replied: 8/26/2014
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