Criminal Statutes of Limitations

Full Video Transcript

What is a statute of limitations? A state or federal law that places a limit on when prosecutors can file charges for different types of crimes. Statutes of limitations were created to ensure fair, speedy trials as guaranteed by the Constitution. They also help to preserve evidence. If too much time passes between a crime and the filing of charges, the statute of limitations can run out. In that case, prosecutors are out of luck. The time limits vary by state and depend on the type of crime. For example, Pennsylvania’s statute of limitations for rape is 12 years. But in New York, there is no time limit for rape charges. Most jurisdictions have no statute of limitations for murder. This allows for new evidence to be discovered either via new technology or newly found witnesses. Many states have also removed limitations for sexual assault and crimes against children. In a few states, like Kentucky, West Virginia, and North Carolina, there is no statute of limitations for felony charges. Others, like South Carolina and Wyoming, have no statute of limitations at all. It’s important for both victims and defendants to know this. If you are a suspect in a crime, it’s important to assert your rights from the very beginning. Talk to a lawyer to learn if the statute of limitations could prevent an old offense from coming back to haunt you.