How Long Do Prosecutors Have to File Charges in Indiana?

Usually, prosecutors will file charges on behalf of the state as soon as possible after an arrest. However, if investigations take time, it might take time before charges are brought against a defendant. Sometimes, investigations can last months or even years. If you were arrested and are awaiting to be formally charged with a crime in Indiana, you should know that the state cannot wait forever to file charges against you. Like all other states, Indiana has a criminal statute of limitations that outlines how much time prosecutors have to file criminal charges against defendants.

How Long Do Prosecutors Have to File Drug Charges in Indiana?

The statute of limitations for filing charges depends on the severity of the offense. According to Indiana law, a misdemeanor drug charge must be filed within two years of the offense being committed. For felonies, the basic state of limitations is five years.

Why Is There a Statute of Limitations for Criminal Cases?

Statutes of limitations are meant to protect people from facing criminal charges after too much time has passed. The statute of limitations is intended to ensure that a person is prosecuted while the evidence is still fresh and reliable. Evidence can deteriorate over time. he statute of limitations exists to prevent people from facing unfair charges based on unreliable evidence.

What Happens if the Statute of Limitations for Your Case Expires?

If the statute of limitations for your case expires, the law bars the prosecution from bringing criminal charges against you for that particular offense.

Situations When the Statute of Limitations Can Be Tolled/Paused

It is crucial to note that some situations can toll or pause the statute of limitations. When the statute of limitations is tolled or paused, it extends the time limit for filing charges. The following are some situations that could result in the statute of limitations for charges being tolled or paused: