Blog

Federal Statute of Limitations

Posted by Seth Chazin | Apr 22, 2014 | 0 Comments

Scales_20of_20justice

The statute of limitations is the time limit a victim of a crime has for filing charges against the defendant. The general rule for the statute of limitations for felonies is that the government can no longer file criminal charges for an offense once 5 years has passed from the time the alleged crime was committed. The federal statute of limitations is 18 USC 3282 .

The reason why there is a statute of limitations is to keep defendants from having to defend a case from charges that occurred so long ago, making it impossible to properly defend one's case and prove innocence. . In many of these cases, evidence may no longer be available. . It would violate the defendant's right to receive due process under the law and the right to receive a fair trial if a prosecution was to take place under those conditions

The argument that the statute of limitations has run is a defense against a criminal charge, yet if it is not presented before a trial begins, the defendant likely has waived their right to use this as a defense. The statute of limitation does have exceptions. Federal law says that the general 5-year statute of limitations applies in every case unless there is a specific code section that extends the statute of limitations for that particular offense.

For a more extensive description of the federal statute of limitations, visit my article: Federal Statute of Limitations.

About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 25 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Law Office

Chazin-logo-new-dark

Seth P. Chazin is a San Francisco Bay Area Criminal Defense Lawyer with over 25 years experience.

Super Lawyer

Superlawyercapture-orig-compressor

Seth P. Chazin is recognized by Super Lawyer. Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. This recognition is earned only by the top 5% of attorneys in the state. The selection process for Super Lawyers has many steps and includes independent research, peer nominations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. To learn more about the selection process, click here.

Menu