What is a Statute of Limitations?

The statutes of limitations are restrictions placed on the time frame in which certain crimes can be prosecuted. Though every crime and jurisdiction deals with statutes of limitations in a slightly different way, the core logic of the legal concept remains the same. You should have an understanding of the statutes of limitations if you are facing charges for a crime that you committed in the past.

Meaning and Implication

A statute of limitations dictates when a criminal offense may be prosecuted to ensure that the accused are receiving fair due process. The purpose of limiting the time in which the prosecutors and investigators can prepare their case is to maintain the accuracy of witness testimony and the viability of physical evidence. Statutes of limitations also expedite the trial process, as required by the U.S. Constitution. The general rule of thumb is that more severe crimes, such as those involving extreme violence, will have longer statutes of limitations than less serious offenses. The most serious crimes, like murder, do not have time frames and can be prosecuted at any time.

Tolling a Statute of Limitations

If you commit a crime with a five-year statute of limitations, and the state is unable to put together a strong enough case until six years after the fact, you cannot be convicted of the crime. Regardless of guilt, statutes of limitations keep you safe from prosecution after a certain length of time. There are, however, instances in which the statute of limitations will be suspended, or tolled, and a crime can be prosecuted outside the customary time frame. Tolling the statutes of limitations means that the legal processing time has been stopped and is pending the outcome of an evidentiary test, motion or other justifiable postponement. The length of time it can take to process DNA evidence has become a common reason for tolling. Many jurisdictions have altered their laws to allow for this exception to the rule.

Using the Statute of Limitations as a Defense Strategy

Some states allow a prosecutor to attempt an indictment even if the statute of limitations has run out. If you are being charged with a crime that happened months or even years ago, you should familiarize yourself with your state’s statutes of limitations so that you can use the applicable statute as part of your criminal defense. The defense has to raise the issue of the statute of limitations, though, as there are few judges who will dismiss a case without it being brought to their attention.

Statutes of limitations are put in place to help protect your rights.

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About the Author

Law Office of James Alston. serves people who need legal assistance in their Criminal Defense Cases in Texas.

Houston Criminal Lawyer James Alston represents clients in the Houston area, including Pasadena, Sugar Land, Missouri City, Channelview, Conroe, Galveston, Angleton, Richmond, Rosenberg, Beaumont, Galveston County, Ft. Bend County, Montgomery County, Brazoria County, Harris County and Jefferson County in Texas.