The "statute of limitations" ("SoL") describes the time limit within which prosecutors must bring criminal charges. If the DA waits too long before filing a case, they may be "time barred" from doing so. Like everything else in the law, though, this is often more complicated than it sounds.
Before we get started, it's important to remember that the "statute of limitations" refers to the time within which the case must be filed. Often, prosecutors do file a case within the proscribed time period, but the defendant never appears in court for his arraignment. When this happens, a bench warrant is issued. The warrant may remain outstanding forever, or until the defendant is eventually arrested and brought to court. A warrant will never simply go away on its own. If an old warrant has been outstanding for several years, the defendant may have a valid argument that his constitutional right to a speedy trial has been violated, but this is different from a "statute of limitations" argument if the case was filed before the SoL expired.
The length of the statute of limitations depends on the maximum sentence for the specific underlying crime. For most misdemeanors, the SoL is one year. That means prosecutors have one year from the date that the crime was discovered (not necessarily the date that the crime was committed) to file charges. If the crime is a "wobbler" (one that can be filed as either a misdemeanor or a felony at the discretion of the DA), then a longer statute of limitations may apply, even if the case is only filed as a misdemeanor.
If the crime is a felony and the maximum penalty is less than 8 years in prison, the statute of limitations is usually 3 years. If the maximum sentence is more than 8 years in prison, then the SoL is usually 6 years. If the crime is potentially punishable by death or by life in prison, or if the crime involves embezzlement of public money, then there is no statute of limitations -- the DA can file charges at any time.
There are many, many exceptions and caveats to the rule that prosecutions must generally commence with within the 1-, 3- or 6-year statute of limitations. If, for example, a defendant is out of the state when the crime is committed, the SoL can be extended by up to 3 additional years.
Arguments about the statute of limitations get especially complicated in cases involving allegations of child molestation, or "lewd acts with a minor" (PC 288). Under section 803(f) of the California Penal Code, the SoL may be extended even longer under certain circumstances. The district attorney can file criminal charges at any time (for up to one year after a report is made) if ALL of the following criteria are met:
- The crime involved child rape, oral copulation, penetration, or other "substantial sexual conduct" with a minor (the victim was under 18 at the time),
- The crime had never been previously reported to police, AND
- There is some independent evidence to support the allegations. If the victim is over 21 at the time that the crime is reported, that "independent evidence" must be "clear and convincing".
The argument in these cases tends to revolve around the 3rd prong -- that the allegation be supported by "independent evidence" that is "clear and convincing". Appellate courts have dealt with these issues extensively, and the nuances are intricate.
As I warned in the opening paragraph, issues regarding the statute of limitations can get complicated. You may have a valid defense based on a filing delay, but the argument must be properly presented and supported by up-to-date citations or it will not be effective.
If you or a loved one is fighting an old sex case, call us for a free attorney consultation. 714 449 3335. Ask for John.
Thanks for reading.
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