Alabama Criminal Statute Of Limitations In Alabama If The State Fails To Bring A Case Within The Applicable Time Period,It Will Lose It's Right To Prosecute The Person For The Crime. Statute: Al 15-3-1 et seq. Now That I Am Sure That Alabama Violated Their On Law By Going Ahead And Prosecuting Me On A Crime That The Time Limit Was Up On. What Should They Do Now ? I Feel Like They Should Drop All Charges And Take Me Off Their Sex Offender Program. What Do You Think ?
As a general statement of law, sex crimes in the state of Alabama do not have a "statute of limitations." See Code of Alabama, 1975, section 15-3-5: "Offenses having no limitation" -
(a) There is no limitation of time within which a prosecution must be commenced for:
(1) Any capital offense;
(2) Any felony involving the use, attempted use, or threat of, violence to a person;
(3) Any felony involving serious physical injury or death of a person;
(4) Any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death;
(5) Any felony involving arson of any type;
(6) Any felony involving forgery of any type;
(7) Any felony involving counterfeiting; and
(8) Any felony involving drug trafficking.
(b) The amendments made by this act shall apply:
(1) To all crimes committed after January 7, 1985; and
(2) To all crimes committed before January 7, 1985, for which no statute of limitations provided under pre-existing law has run as of January 7, 1985.
(c) Nothing herein shall be construed to mean that the adoption of this act indicates that any former statute of limitations applying to capital offenses is invalid as the result of any decision of any court invalidating the capital punishment statutes of the State of Alabama.
Sex crimes involving the use of force fall under sub-section (a)(2) and sex crimes not involving the use of force, but where the victim of the sexual contact was under 16 years of age at the time of the offense fall under sub-section (a)(4); these crime have no statute of limitations.
Your best course of action is to seek the professional services of a qualified criminal defense attorney. For a listing of criminal defense lawyers in your area, check the listings of the Alabama Criminal Defense Lawyers Association at: www.acdla.org.
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