Is there still an applicable statute of limitations for a misdemeanor that was caught on video surveillance but reviewed after the statute of limitation to prosecute has passed?
1 Answer from Attorneys
The statute of limitations starts to run when the crime is committed, and stops when prosecution commences (when a warrant is sworn, a citation is issued, an indictment is returned).
So the general answer is no. Wait too long to commence prosecution -- twelve months in the case of almost all misdemeanors -- and prosecution is barred.
BUT, there are exceptions that stop the running of the clock, a process known as "tolling" the statute of limitations. These can include leaving the state, or willfully concealing the commission of the crime (such as hiding the video tape).
Related Questions & Answers
If you were charged with a felony of theft and put on diversion, can you still... Asked 12/01/12, 6:57 pm in United States Tennessee Criminal Law
How long do I have to wait after pleading guilty to petit larceny before I can... Asked 11/28/12, 2:21 pm in United States Tennessee Criminal Law
Ok im just going to explian this in detial ok.I live in Andersonville Tn,and im... Asked 11/14/12, 6:46 am in United States Tennessee Criminal Law
Can a 20 year old male date a 17 year old female in tennessee Asked 11/13/12, 12:00 pm in United States Tennessee Criminal Law
Can an officer give you a citation 3 days after the incident? Asked 11/11/12, 2:05 am in United States Tennessee Criminal Law