One of the most important parts of the criminal justice system is the concept of a statute of limitations, which protects defendants and ensures the integrity of evidence in criminal cases. People may fear that they will be subject to criminal charges years or even decades after an alleged offense. Others wonder whether charges filed late can be dismissed. Understanding New Jersey’s laws and whether you can be charged after the statute of limitations expires is crucial in protecting your rights and options. Read on and speak with an experienced Mercer County criminal defense lawyer for more information and skilled legal advice today.
What is a Statute of Limitations?
A statute of limitations is the amount of time the state has to file criminal charges after a crime occurs. Once this timeframe expires, prosecutors are typically barred from filing charges. This rule exists to keep the legal system fair by preventing prosecutions based on stale evidence or the faded memories of witnesses.
Without a time limit, defendants could be subject to old and unjust claims. It also encourages law enforcement to investigate promptly. Evidence can become unreliable over time, so the statute of limitations ensures that cases are built on accurate and timely information, as well as prevents backlogs of old cases in the court system.
Deadlines in New Jersey vary depending on the severity of the offense. In general, indictable crimes must be charged within 5 years after the alleged offense is committed, and disorderly persons offenses have a time limit of 1 year. However, there are exceptions to this rule.
Are Any Crimes Exempt from the Time Limit?
Yes, some crimes are exempt, meaning that there is no statute of limitations and no deadline that the state must commence legal action within. New Jersey state law allows prosecution at any time for extremely serious offenses. Examples of these crimes include:
- Murder
- Manslaughter
- Kidnapping
- Sexual assault
Because these crimes are among the most serious offenses, there is no statute of limitations, and prosecutors can pursue these cases no matter how much time has passed. It’s also important to recognize that victims of violent or traumatic crimes may delay reporting, so it is crucial that these offenses do not have a time limit.
Can I Be Charged After the Statute of Limitations Expires in NJ?
In general, no, you cannot be charged with a crime after the statute of limitations expires. If a prosecutor attempts to initiate charges after the deadline, you can raise this as a defense and ask the court to dismiss the case. Courts generally cannot proceed if the statute of limitations has elapsed, though the case will not be automatically dismissed. You must file a motion.
For more information and to obtain representation from a skilled defense attorney, reach out to the Law Office of Douglas Herring today.
