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Cynthia Henley, Lawyer | Cynthia Henley
Nope. Burglary is not specifically mentioned in the statute of limitations therefore by default it is 3 years. Even if prosecuted as a theft case, the statute of limitations has run because it is 5 years.
Answer Applies to: Texas
Replied: 10/24/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
First, there is no crime called "breaking and entering." What you've described is the crime of burglary, of which all degrees of burglary are felonies. The statute of limitations on a felony is five years (unless you were a public official committing it, it's extended). Therefore, if no prosecution has been commenced within five years after the crime, it cannot be prosecuted, period.
Answer Applies to: New York
Replied: 10/21/2011
Gutin and Wolverton | Harley Gutin
Not for the Burglary.
Answer Applies to: Florida
Replied: 10/20/2011
Law Office of Richard Williams | Richard Williams
In some states there may be no statute of limitations on a burglary first.
Answer Applies to: Alabama
Replied: 10/20/2011
Law Office of Phillip Weiser | Phillip L. Weiser
The statute of limitations for criminal offenses is 5 years. However, there can be special circumstances which extend, or "toll" the statute. Such cases would include the time between the actual crime and the discovery of the crime; also time which the defendant has left the state and is "hiding" from arrest in another state, among others.
Answer Applies to: Kansas
Replied: 10/20/2011
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information such as is the person actively avoiding arrest if so the statute of limitations is toled ( suspended ) and thus the statute has not even started to run and theoretically it could never end so that he could be caught.
Answer Applies to: New York
Replied: 10/20/2011
John V Commons, Attorney at Law | John Commons
The statute of limitations for a felony is five years. There are some circumstances which could extend the statute of limitations but they are rare and difficult for the State to prove.
Answer Applies to: Indiana
Replied: 10/20/2011
Austin Legal Services, PLC | Jared Austin
The statute of limitations is six years from the date of the offense.
Answer Applies to: Michigan
Replied: 10/20/2011
Timothy J. Thill P.C. | Timothy J. Thill
If charges were filed and a warrant was issued at the time, or within 3 years of the commission of the offense, the case is open and valid. However, if no charges were filed with the court, the statute of limitations is over, at least in the State of Illinois, under their statute.
Answer Applies to: Illinois
Replied: 10/19/2011
Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
The statute of limitations for residential burglary is 3 years. There are some exceptions to this rule, however. You did not indicate any other conditions that would toll these exceptions.
Answer Applies to: Illinois
Replied: 10/19/2011
Mark Thiessen, Attorney at Law | Mark Thiessen
Highly doubtful. They obviously knew about it, so knowledge of the crime carries a two year statute of limitation. You got a helluva defense, so hire an attorney if ever arrested and never tell anyone what you did.
Answer Applies to: Texas
Replied: 10/19/2011
Charles M. Schiff, Attorney at Law | Charles M. Schiff
In Minnesota, the general criminal statute of limitations is three (3) years. The running of the three year time period can be "tolled" if the perpetrator fled the state to avoid prosecution. It would not again start to run until the person was in state and available for prosecution.
Answer Applies to: Minnesota
Replied: 10/19/2011
Betts Legal Services | Shawn M. Betts
In Minnesota, the Statute of Limitation for something of that nature would either be 3 or 5 years, depending on the amount of the theft.
Answer Applies to: Minnesota
Replied: 10/19/2011
Law Office of Brendan M. Kelly | Brendan M. Kelly
While it is possible, it would be unlikely. Depends upon when crime discovered and what else may have occurred during the crime.
Answer Applies to: Nebraska
Replied: 10/19/2011
bark & karpf | peter bark
Probably not, unless they left the state for a total of more than five years out of the last ten years. The statute of limitations on a Burglary is five years.
Answer Applies to: New York
Replied: 10/19/2011
Craig W. Elhart, P.C. | Craig Elhart
There is no definite answer to this question. The running of the statute of limitations depends on various facts that are not known in this question. It is possible the statute has run but that is not a definite.
Answer Applies to: Michigan
Replied: 10/19/2011
Law Offices of John Carney | John Carney
If you are charged with a misdemeanor you must be prosecuted within 3 years from the date of the crime. For a felony the time period is 5 years. What you were charged with was probably Burglary in the Third Degree and unless you are charged within 5 years from the date of the alleged crime the statute of limitations will prevent a prosecution, but not an arrest. Your lawyer must make a motion to dismiss the charges.
Answer Applies to: New York
Replied: 10/19/2011
Law Office of Martina Vigil | Martina A. Vigil
Probably not. Generally, the DA has two years to file most felonies.
Answer Applies to: California
Replied: 10/19/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The statute of limitations for theft has run unless there was a case filed before the running of the statute.
Answer Applies to: Texas
Replied: 10/19/2011
Law Offices of James A Bates | James A Bates
The case may be receiving stolen property which is a continuing offense. Fight this.
Answer Applies to: California
Replied: 10/19/2011
Law Office of Richard Southard | Richard C Southard
Typically the Statute of Limitations is 5 years.
Answer Applies to: New York
Replied: 10/19/2011
Michael Breczinski | Michael Breczinski
Six years is the normal statute of limitations on acase but NEVER say anything to anyone the police would try to find a way around the statute of limitations.
Answer Applies to: Michigan
Replied: 10/19/2011
Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
In Maryland, there is no statute of limitations.
Answer Applies to: Maryland
Replied: 10/19/2011
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
In Colorado it is 3 years.
Answer Applies to: Colorado
Replied: 10/19/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
With this limited information, one could state that the S of L for a Felony Burglary would likely be 5 years.
Answer Applies to: Pennsylvania
Replied: 10/19/2011
Miel & Carr, PLC | Keeley D Heath
The statute of limitations for breaking and entering is 6 years. However, if there were people in the home at the time of the breaking an entering, that would make it a home invasion in the first degree, which would have a statute of limitations of ten years. Additionally, there are certain circumstances that can toll or extend the statute of limitations.
Answer Applies to: Michigan
Replied: 10/18/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
The statute of limitations on the crime you stated is three years. It has run and you can no longer be arrested for it.
Answer Applies to: California
Replied: 10/18/2011
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
Under Oregon law, the statute of limitations (the time the state has to charge a person with a crime) is three years. The time is counted from the incident date. However, if the person was charged within the statute of limitations, they may not apply but the person could have an issue about denial of his or her right to a speedy trial.
Answer Applies to: Oregon
Replied: 10/18/2011
Connell-Savela | Jason Savela
This is likely not but it depends on if the crime was discovered 10 years ago. It also depends if the suspect was in the state for that time and if there are conspiracy charges. There are lots of exceptions to SOL, I have not reviewed them but the general rule is 3 years for felonies.
Answer Applies to: Colorado
Replied: 10/18/2011
Andersen Law PLLC | Craig Andersen
The Statute of Limitations is three years. Unless the thief fled the state or failed to appear at a hearing, the SOL ran seven years ago.
Answer Applies to: Washington
Replied: 10/18/2011
Beaulier Law Office | Maury Beaulier
In Minnesota, any statute of limitations on a felony level offense is a minimum of six years. Certain offenses have no statutory limitation period.
Answer Applies to: Minnesota
Replied: 10/18/2011
John Segelbaum, P.S. | John Segelbaum
No. The statute of limitations has run and they cannot be charged now.
Answer Applies to: Washington
Replied: 10/18/2011
Lawrence Lewis | Lawrence Lewis, PC
No, statute of limitations is 7 years on that type of case.
Answer Applies to: Georgia
Replied: 10/18/2011
