other than capital crime like against children, or murder, how does statue of limitation work?
What happens when DA charges against defandent? Does statue of limitation start from the day defandant being charged or the time when the crime happens? and what happens if the person is out of state or country for a long time (without being charged or has warrant) , does it affect the statue of limitation? like if someone makes a crime in california but moves to oregon not knowing about the crime, and 5 years later, can the police in california press charge on the person for knowingly moving to oregon without pressing charge against her?
Criminal Defense Attorney
In general, state statutes of limitations are state laws that bar the bringing of criminal charges against a defendant. Each state has it's own set of laws. For example in my state, KY, a misdemeanor offense must be brought within one year of its commission or it is barred:
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 500. GENERAL PROVISIONS
Current through 2012 First Extraordinary Session
§ 500.050. Time limitations
(1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.
(2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.
(3) For a misdemeanor offense under KRS Chapter 510 when the victim is under the age of eighteen (18) at the time of the offense, the prosecution of the offense shall be commenced within five (5) years after the victim attains the age of eighteen (18) years.
(4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.
Cite as KRS 500.050
History. Effective: July 15, 2008
Amended 2008, Ky. Acts ch. 72, sec. 6, effective July 15, 2008. -- Amended 2000, Ky. Acts ch. 401, sec. 5, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 448, sec. 2, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 406, sec. 5, effective January 1, 1975.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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Criminal Defense Attorney
The statute of limitations is a time limit on the DA before they have to bring charges. A link to the Oregon Statutes is included below. The time is only a limit on the DA to bring charges. There are separate rules for how long a charge can linger in the system before it has to be resolved. Those rules are flexible at best and meaningless at worst. If you're charged with a crime the best thing you can do is talk to an attorney in private. That attorney can advise you of all your rights and possible defenses. Please do not post anymore details online.
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