Ask a Lawyer - Archive


   
Will The Statute Of Limitations Let Me Off The Hook If I've Been Hiding?
Jeralyn Merritt

Q. 

If a person has committed a crime but has not been formally charged or gone to court because they fled yet remained in the state in which the crime was committed does the statue of limitations let the person off the hook?

-- Anonymous

A. 

The statute of limitations refers to the time period within which charges must be filed against someone believed to have committed a crime.

Time periods are set by state and federal law and vary by crime and jurisdiction. Some crimes, such as murder, are considered so heinous that no time limitations are imposed on them. For almost every other crime, however, every state, as well as federal law, provides some time restriction by which charges must be filed.

The purpose of the statute of limitations is to ensure that persons charged with crimes have a fair opportunity to present a defense. As time passes, memories fade, witnesses relocate, die or otherwise become unavailable, and evidence may be lost. This can unfairly restrict an accused's ability to prepare and present a defense.

The answer to your case depends on whether you have been charged with a crime. If charges have been filed against you within the applicable time period in your state, the statute of limitations will not help you avoid trial or conviction.

If you are unsure whether charges have been filed, you should contact a criminal defense attorney in the jurisdiction where the crime was committed and have them check. If no charges have been filed, and the time period has elapsed, you have nothing to worry about. If charges have been filed, her or she can assist you with the process of surrendering and resolving them, either by plea bargain or trial.

-- Jeralyn Merritt






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