time for cops to notify you of charges?

[EternalX]

Hey,

My friend was involved in a pretty bad car accident over the weekend. He had alcohol in his system, and when they finally got him at the hospital, the cop took his blood. Its been almost 2 weeks and he hasnt anything from the cops or insurance company about alcohol. They also went to get his car from the tow lot, and normally the cops would impound and keep the car if charges were being pressed, but the attendant and the cop they talked to said everything is fine and they can have/get what they need from the car. Does eveyrthing look in the clear for him? How long do cops have to notify you of something like this if they wanted to press charges? I herad there was a time period. But ive also read i beleive about how they can use and hold that evidence for as long as they want. Any ideas? BTW, im in Indiana.
Thanks.

 

[Mahan Atma]

There is most likely a statute of limitations (deadline) on filing charges, but it's going to be measured in years, not weeks or months. And if someone was killed, there might be NO statute of limitations on a homicide charge.

There is another limit however, but it is a fairly complicated rule, and it varies somewhat from state to state -- But generally speaking, it depends on the cops' reason for the delay. If they intentionally delay charging you so as to deprive you of witnesses/evidence (this is called "bad faith"), that can be a due process violation. If the judge finds a due process violation, the charges get dismissed.

In some states, it can also be a due process violation if the cops were simply negligent in filing charges, but then the burden is on you to show that the delay actually hurt your case (this is called "prejudice") if you want to get the charges dismissed.

If the cops have good reasons for delaying the charges (say, to complete/continue the investigation), then it doesn't matter how long it goes, as long as they charge you within the statute of limitations.

In general, since it is hard to show that the cops actually have bad faith intentions in delaying the charges, and since it can also be hard to show prejudice, the cops can usually wait as long as they like, as long as they file within the statute of limitations.

In other words, your friend is probably not going to know for a long time whether he is really in the clear.

 

[PottedMeat]

In the U.S. you are supposed to be brought before a judge and told of your offenses within 72 hours of being arrested. Damn the man!.