statutes of limitations!?

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bingalpaws

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So, I was just reading an article (http://www.winknews.com/news/weird/15733557.html) whose topic was a priest or something who just admitted to a murder he committed in '94, and he's currently being held w/o bail.


How do statutes of limitations work? I guess, I dunno why, but I always had this 6 or 7 year thing in my head, like if you did something over a certain time period ago, you can no longer be prosecuted. I mean, if a 45 y/o man says he sold acid when he was 18, can he technically be prosecuted? How does this kind of thing work?
 
oops, sorry about that, computer froze up.....let me try again.....

no, there isn't a statute of limitation on first degree murder, in most states.

but, laws are effected depending on when they were committed. meaning, if there was a 5 yr sol in 1990 when a murder was committed, then it would fall under that. i think :D am i under the correct understand, law mods?
 
it depends on the crime there is no limitation on a Murder charge they can charge you 40 years later.
 
Yeah, a murder charge is very rarely prevented by a statute of limitations. Other crimes and torts usually have finite lengths of time under which prosecution or suit can take place. For example, neligence suits must usually take place within two years of the act or discovery of the act.

A warrant, on the other hand, is good until served.
 
Since warrants never expire, if you were arrested on a warrant for a crime for which the statute of limitations has expired, would you still have to be bailed out and then present a motion to have the charges dismissed, or could you show that the charges were past the statute of limitations at the bail hearing?

Also, a second question. If you successfully avoid arrest until the statute of limitations for the crime has run out, can they still prosecute you for fleeing arrest (or whatever it is called when they charge you for going on the run), given that the warrant is for a crime that is no longer valid?
 
pennywise said:
Since warrants never expire, if you were arrested on a warrant for a crime for which the statute of limitations has expired, would you still have to be bailed out and then present a motion to have the charges dismissed, or could you show that the charges were past the statute of limitations at the bail hearing?
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If charges are filed or if a warrant is issued before the statute expires, then you can be arrested. If you were arrested under an expired statute, it would depend on the circumstances...might need to file a motion, might need to get the prosecutor to drop charges. I'm not really sure.



Also, a second question. If you successfully avoid arrest until the statute of limitations for the crime has run out, can they still prosecute you for fleeing arrest (or whatever it is called when they charge you for going on the run), given that the warrant is for a crime that is no longer valid?
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if the arrest warrant was issued before the statute of limitations expired, then you can be arrested at any time in the future and charged.
 
wait, im sorry im not quite understanding. lets say you were charged with something immediately after the crime was committed that had a 2 year statute of limitations, and a warrant is issued, but they don't catch you until 3 years later. Does that mean that they can still prosecute you?

I guess what I am asking is, is the statute of limitations the time frame in which they must charge you with the crime, or the time frame in which you must be brought before the court, even if the reason that you are not brought before the court is because you fled the country or something?
 
pennywise said:
wait, im sorry im not quite understanding. lets say you were charged with something immediately after the crime was committed that had a 2 year statute of limitations, and a warrant is issued, but they don't catch you until 3 years later. Does that mean that they can still prosecute you?
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yes.

I guess what I am asking is, is the statute of limitations the time frame in which they must charge you with the crime, or the time frame in which you must be brought before the court, even if the reason that you are not brought before the court is because you fled the country or something?
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usually charges must be filed before the statute of limitations is over. an arrest need not be made.
 
SOL on negligence and (afaik) most torts in California is 2 years. If an action is brought against a city, it may be as little as 6 months.

You must file a complaint in the appropriate court before the SOL runs out. The complaint must be filed before any other motions and served on the defendant(s) within 30 days (again, in California).

My knowledge on this is limited to civil actions. DM is, however, correct that there is no SOL on murder.
 
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