Legal Question in Criminal Law in Indiana

Re: Statute of Limitations

The statute of limitations is a period of time in which the state must file any criminal charges or they become stale and cannot be prosecuted. However, ther are so many exceptions to the rule, it requires a knowledge of law to determine if a case is "time-barred." A few examples: the statute of limitations on fraud (certain thefts) does not start to run, usually, until the fraud is "discovered;" Another: statute does not start to run while culprit is out of state when crime discovered; Note that the state need merely file the charges within the statutory time. The defendant may be apprehended years later, but this may raise a "due process" claim, not a statute of limitations defense. If the state knew where you were and sat on their collective "tushe," doing squat to advise you of the charges and bring you to justice, you have a good "due process" motion to dismiss.

My advise: don't try to figure this out on your own. Make certain you get a specialist in criminal defense as these are very technical issues. Remember, each state has different laws and interprets their own laws their own way. What counts is U.S. Supreme Court rulings and each state's interpretation of those rulings.

Good luck!

Joseph Shemaria, Esq.