You might have heard stories about people who have committed crimes and spent years on the run from the law. What these stories often leave out is that the authorities only have so much time to charge a person after a crime is committed, at least most of the time. For some offenses, there is no time limit, and the authorities might spend years looking for you if necessary. But if there is a limited amount of time, when does it expire?
How long the authorities have to charge someone with a crime varies based on the nature of the alleged offense. Some crimes are so severe that there is no statute of limitations, and prosecutors may charge someone decades after the offense occurred. In other cases, prosecutors might have several years to charge someone before the statute of limitations expires. Again, how many years a person has depends on what kind of crime they are accused of.
For a free, confidential evaluation of your case, contact our Pennsylvania criminal defense lawyers at The Law Offices of Lloyd Long by calling (215) 302-0171.
How Long Prosecutors Have to Charge Someone with a Crime in Pennsylvania
In civil lawsuits, plaintiffs must file their claims before the statute of limitations for their case expires. Such statutes impose time limits on when plaintiffs may file claims. These laws also apply in criminal law proceedings. Prosecutors typically must file charges against someone within a certain amount of time after a crime is committed. If the time limits pass without charges being filed, it is unlikely that prosecutors can charge anyone for the offense. However, some criminal offenses come with very long limitation periods, and others have no limitations at all.
No Applicable Limitations
If you have ever heard a news story about someone being charged with a crime they committed decades earlier, the offense was probably so serious that there was no statute of limitations. The same laws can be found in Pennsylvania. Certain offenses, usually very serious ones, have no statute of limitations. In such cases, charges may be filed at any time, even decades after the crime occurred.
According to 42 Pa.C.S. § 5551, prosecution for specific offenses listed in this statute may occur at any time. Crimes for which there is no time limit include murder, voluntary manslaughter, conspiracy or solicitation to commit murder, any felony committed in connection with first or second-degree murder, certain vehicular homicide crimes, certain aggravated assault offenses, and various crimes related to sexual assault or trafficking.
Limitations for Major Offenses
Other offenses are governed by a statute of limitations. According to § 5552(b), certain “major offenses” are subject to a 5-year time limit. If prosecutors do not file charges against someone for one of these crimes within 5 years, it is unlikely that charges can ever be filed, barring special circumstances.
Major offenses subject to a 5-year limitation period include a whole host of crimes listed within the statute. Some offenses, but not all, include attempts to commit murder where no murder occurs, kidnapping, arson, burglary, robbery, making terroristic threats, forgery, certain fraud offenses, theft-related offenses, and many, many more.
Limitations for Major Sexual Offenses
Certain offenses tend to cause serious public outrage when they occur, and people are more vocal about the need for justice. Sexual offenses often shock the public conscience, and prosecutors generally have more time to file charges. According to § 5552(b.1), certain sexual offenses must be filed within 12 years. These offenses may include rape, statutory sexual assault, involuntary deviant intercourse, sexual assault, incest, sexual abuse of children, institutional sexual assault, and aggravated indecent sexual assault.
Limitations for Summary Offenses
Summary offenses are among some of the least severe charges a person might face. Summary offenses are often met with citations and fines rather than trials and jail time. Even so, incarceration for summary offenses is possible, albeit a bit unusual.
If prosecutors want to charge someone with a summary offense related to vehicles (e.g., a traffic ticket), they have a mere 30 days to do so, according to § 5553(a). The law also states that the 30-day time limit begins when the offense is discovered or the driver’s identity is discovered, whichever is later.
How Prosecutors May Have More Time to Charge You in Pennsylvania
While statutes of limitations are rigid and impose strict deadlines, they are not without a few exceptions. Prosecutors might be able to buy themselves more time to file charges, but only under very specific conditions. Talk to your attorney immediately if prosecutors want to charge you for something that happened a very long time ago. There is a chance the charges should not stick because they are too remote.
Prosecutors might extend the limitation period by having the statute tolled. Tolling may occur under several circumstances described under 42 Pa.C.S. § 5554. First, the statute may be tolled for the time an accused person is continuously outside the State of Pennsylvania or has no ascertainable home or place of work in the state. Second, tolling may occur if a separate prosecution against the accused for the same conduct is pending in this state. Finally, tolling is possible if the crime involves a minor who was injured by a wrongful act, neglect, unlawful violence, or negligence of the minor’s parents, guardian, or someone living in the same home as the minor, including a paramour of the minor’s parent.
As you can tell, tolling may only be available when a very specific set of circumstances is present. If these conditions do not exist in your case, and prosecutors fail to file charges on time, your attorney will help you make sure any charges filed against you are promptly dismissed.
Speak to Our Pennsylvania Criminal Defense Attorneys for Assistance Now
For a free, confidential evaluation of your case, contact our Montgomery County criminal defense lawyers at The Law Offices of Lloyd Long by calling (215) 302-0171.