Avvo.com - Doctors. Lawyers. Ratings. Answers.

Expert Advice When You Need It Most

  • Sign in with: Facebook Twitter Google Linkedin
  • Sign in
  • Register
  • Are you a Lawyer?
  • LEGAL
  • HEALTH
  • Research Legal Advice
  • Ask a Lawyer
  • Find a Lawyer
  • Review Your Lawyer
Legal Advice
  • Lawyers
  • Doctors
  • Dentists
  • Legal Advice
  • Health Advice
Home  >  Legal  >  Research Legal Advice  >  Common Misconceptions about Statute of Limitations in Criminal Cases
John Lawrence Buckley

Common Misconceptions about Statute of Limitations in Criminal Cases

Written by: John Lawrence Buckley Avvo Pro

Contributor Level 15
Criminal Charges Criminal Defense Statute of Limitations (Criminal)
Posted over 2 years ago. 12 helpful votes, 0 comments
Save
Email
Share with:
Tweet
1

Most crimes have a fixed SOL

While the SOL may differ between jurisdictions, a range of 6 months to 3 years is common for most offenses. However, extremely serious crimes such as murder and kidnapping often have no limitations.

2

The SOL prevents a criminal defendant from defending against stale charges

If the state is not prevented from bringing these old charges, it may be difficult for a defendant to present an adequate defense. Witness memories fade. Physical evidence may no longer be available.

3

Failure to appear in court and SOL

After charges have been filed, your failure to appear in court has no effect whatsoever on the SOL.

4

Right to a Speedy Trial

Your speedy trial rights are different than a SOL violation. A speedy trial violation means that the state must bring your case to trial within a specified amount of time from the date of your arraignment or from the date when you last waived your right to speedy trial. If you waive your speedy trial right, it restarts the clock in which the state must bring your case to trial.

5

Failure to appear in court and Speedy Trial rights

If you fail to appear in court for any reason, you have effectively if not expressly, waived your right to a speedy trial. The clock will begin running again upon your next court appearance.

Additional Resources

Denver Criminal Defense Attorney

12 0 Helpful Not helpful

Related Questions

What is the statute of limitations in Texas for my specific rape case and how do I go about taking him back to court?

Asked in Corpus Christi, TX - April 10, 2012 19:57.

  1. M Elizabeth Foley
  2. Cynthia Russell Henley
2 attorney answers
  • Criminal Court
  • Rape
  • Statute of Limitations (Criminal)

When it comes to the Govt's ability to collect restitution in criminal case, can the 20-year statute of limitations be extended?

Asked in Denver, CO - March 05, 2012 12:22.

  1. Alexander M. Ivakhnenko
1 attorney answer
  • Federal Crime
  • Restitution
  • Statute of Limitations (Civil)
  • Statute of Limitations (Criminal)

How do I go about re-opening a case once it has been closed?

Asked in Raeford, NC - April 14, 2012 21:28.

  1. Bradley A. Coxe
  2. James Otto Heiting
  3. Brent Schafer
3 attorney answers
  • Murder
  • Statute of Limitations (Criminal)
  • Wrongful Death

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

 
Required
Cancel

17,296 answers this week

1,893 professionals answering

Find Speeding Ticket Lawyers

Vancouver (15) Gresham (2)

Related Searches

  • Criminal Charges
  • Criminal Court
  • Criminal Defense
  • DUI
  • DUI Blood Test
  • DUI Defense
  • DUI Penalties
  • DUI Sentencing
  • DUI Tests
  • Evidence: Criminal
  • Interlock
  • Juvenile Probation
  • Photo Radar
  • Refusing a DUI Test
  • Seat Belt Ticket
  • Speeding Tickets
  • Statute of...
  • Suspended License
  • Traffic Points
  • Traffic Ticket
Avvo Logo

Expert Advice When You Need It Most

Avvo Legal

  • Ask a Lawyer
  • Find a Lawyer
  • Free Legal Advice
  • Review a Lawyer

Avvo Health

  • Ask a Doctor or Dentist
  • Find a Doctor
  • Find a Dentist
  • Free Medical Advice
  • Review a Doctor or Dentist

For Professionals

  • For Lawyers
  • For Doctors
  • For Dentists
  • Claim Your Profile
  • For Law Firms
  • For Medical Groups
  • For Dental Groups

Company Info

  • About Us
  • Jobs
  • Avvo Blog
  • Support
  • Partner With Us

FOLLOW US ON Twitter Facebook

© 2012 Avvo, Inc. All Rights Reserved | Terms of Use | Privacy Policy | Community Guidelines