You cannot lawfully be arrested or prosecuted after the statute of limitations has expired.
This blog will focus on varying statutes of limitations for California crimes, not federal crimes. Statutes of limitations are time periods within which a prosecutor must file criminal charges. Generally speaking, the clock starts running for statute of limitations purposes when the offense is first discovered.
Statutes of limitations play an important role in the justice system, as they act as a safeguard for those accused of a crime. As time passes, evidence can be lost, destroyed, or tainted. Witnesses may no longer be available to testify or be interviewed because they may have moved, their memories may have faded, or they may have passed away. Imagine a scenario where an individual is arrested for a theft that allegedly occurred ten years ago, but his one alibi witness died a year prior. Had the individual been arrested sooner, within a reasonable timeframe from when law enforcement first became aware of the crime, the person would have had a better chance to defend themselves.
Statutes of Limitations for Crimes in California
- Misdemeanors: The statute of limitations for most misdemeanors is one year.
- Felonies: For many felonies, the statute of limitations is three years, with some exceptions.
- Crimes Without a Statute of Limitations: Certain crimes, such as embezzlement of public money or crimes punishable by life in prison or death (like murder), have no statute of limitations.
Wobbler Offenses
The situation becomes more complex when dealing with “wobbler” offenses. These are crimes that can be charged either as misdemeanors or felonies. In these cases, prosecutors can sometimes circumvent the statute of limitations by initially filing a felony charge, even if they had intended to file the crime as a misdemeanor.
What You Should Know About the Statute of Limitations in Criminal Cases
It’s crucial to understand how the statute of limitations works in California. If you or someone you love is facing criminal charges or has concerns about the statute of limitations for a particular crime, don’t hesitate to reach out. At Carolyn L. Oliver | Criminal Defense Law Firm, we are ready to help you understand your rights and guide you through the legal process.
If you are under investigation or facing charges, it’s essential to get legal advice from experienced professionals. Contact us today at (858) 456-3572 to schedule a case evaluation with one of our attorneys.
Disclaimer:
The contents of this article and blog are for informational and marketing purposes only and do not constitute legal advice. Viewing and/or using the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
