How does the statue of limitations work?
I been looking this up but it is still unclear to me. Please don't respond if you don't know. I have read about it from web sites, but I'm still unsure.
I'll use an example: John breaks and enters into a house and steals something. The statue of limitations on this crime is 5 years. Now,
A) Do the police have 5 years to report the crime and open the case to start looking for the criminal?
B) Do the police have 5 years to catch john after they opened the case to start looking for the criminal?
C) Once they catch john and have the evidence they have 5 years to prove he's guilty? (which sounds like B).
Say It's been 6 years since the crime was committed, files were charged for breaking and entering, but now 6 years later they have the evidence on John; can he now be charged with the crime even though the statue of limitations has ran out?
From what I have read it seems like it is B, they have 5 years to charge someone with the crime, or it could be something totally different I don't know. I seen things on court TV where people get away with rape just because they couldn't prove the man was guilty or didn't have enough evidence on him and the time ran out in the case.
Thanks...
Answers:
Courts often describe statutes of limitations as statutes of repose. After the time has run out, if charges have not been filed or a legal action initiated, no matter what has happened, the matter is dead, as far as the courts are concerned.
The one exception to this is found in civil law, in which case certain types of fraud, concealing of evidence or the lack of knowledge that the cause of action exists may toll (meaning, stop the running of) statutes of limitation.
The prosecutor (DA, for example) has 5 years from the time the crime took place to file charges. If the charges are not filed at the courthouse by the time the statute of limitations runs out, then they cannot proceed.
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