What are the statue of limitations on breaking and entering? 38 Answers as of July 08, 2013

If someone broke into a house and stole thousands of dollars in one hundred dollar bills 10 years ago, could they still be arrested?

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Cynthia Henley, Lawyer
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
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
Gutin and Wolverton | Harley Gutin
Not for the Burglary.
Answer Applies to: Florida
Replied: 10/20/2011
Law Office of Richard Williams
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
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 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
    Austin Legal Services, PLC
    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 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
    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, 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
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    No.
    Answer Applies to: New Jersey
    Replied: 6/3/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Depends. Need more facts. Such as was the thief / burglar ever out of the jurisdiction?
    Answer Applies to: California
    Replied: 7/8/2013
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    6 years.
    Answer Applies to: Michigan
    Replied: 10/19/2011
    Charles M. Schiff, Attorney at Law
    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
    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
    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
    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 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
    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 Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | 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 James A Bates
    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 Offices of Kenneth Wincorn P.C.
    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 Office of Richard Southard
    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
    Law Office of Jonathan T. Sarre
    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
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No.
    Answer Applies to: New York
    Replied: 6/3/2013
    Connell-Savela
    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
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    It depends on the case and when were the charges.
    Answer Applies to: Colorado
    Replied: 7/8/2013
    Beaulier Law Office
    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
    Andersen Law PLLC
    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
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