Understanding The Criminal Statute Of Limitations In Indiana
The laws governing the prosecution of criminal cases can be complex. One of the complex laws governing the prosecution of criminal cases in the United States of America is the statute of limitations. All states in the U.S., Indiana included, have a criminal statute of limitations. A criminal statute of limitations outlines how much time prosecutors have to file criminal charges. If the applicable statute of limitations is exceeded, the state cannot charge the defendant, but only if the defendant raises that defense. If you have been arrested for a crime or are under investigation, contact an experienced criminal defense lawyer. An attorney can explain your rights, how the statute of limitations affects you, and what steps you should take next.
What Is a Criminal Statute of Limitations?
Criminal statutes of limitations set time restrictions for prosecutors to bring criminal charges. If someone is charged with a criminal offense after the statute of limitations clock has run out, they can file a motion and have the case dismissed.
The reason for criminal statutes of limitations is to ensure that criminal trials are based on the strongest evidence possible. Testimonial evidence, such as witness and officer statements, and physical evidence, like DNA, can fade or get lost over time. Because of this, it is best to file criminal charges and conduct trials as soon as possible after an incident.
What Is the Criminal Statute of Limitations in Indiana?
According to Indiana law, the criminal statute of limitations in Indiana is two years for misdemeanors. The criminal statute of limitations for level 3, 4, and 5 felonies is five years unless DNA is recovered sufficient to charge the person. In that case, he State has 1 year from the discovery of the DNA to file. Some crimes are considered so serious that there is no Statute of Limitations. In Indiana, these are Level 1 and 2 felonies, and the charge of Murder.
So, what does it mean when there is no statute of limitations for a crime? It means that the prosecution for the crime can start at any time, regardless of the amount of time that has passed since the offense.
Additionally, in Indiana, sex crimes have a longer limitation period, also because of their seriousness. For charges of child molestation, sexual misconduct with a minor, child seduction, or child solicitation, the state can bring charges any time before the alleged victim turns 31. For other sex offenses committed against children, the prosecution must be initiated t10 years after the crime or 4 years after the child is no longer dependent on the offender, whichever is later.
Raising the Defense of Statute of Limitations
Generally, your defense attorney must file a motion to dismiss the charges based on the statute of limitations. Your attorney can bring this defense at any point through the prosecution. This is a defense that, if found to be credible, will negate liability, even if you are guilty of the offense.
Contact an Indianapolis Criminal Defense Lawyer
At Rigney Law LLC, our skilled and dedicated Indianapolis criminal defense lawyer has the best possible defense strategies to help you fight your criminal charges. If you are facing criminal charges, contact us to learn how we can help your case.
Source:
law.cornell.edu/wex/affirmative_defense
