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"Is the USA Statute of Limitations really less than 7 years?" Topic


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455 hits since 5 Apr 2023
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Personal logo 20thmaine Supporting Member of TMP05 Apr 2023 7:29 a.m. PST

I've been reading about a high profile criminal case, where the criminal's defence team seem to be suggesting that the crimes were too long ago for a trial to take place.

The crime is less than 7 years old.

Is it really true that in the USA if you can avoid being caught for 7 years then the law can't touch you?

Seems very short.

Personal logo Editor in Chief Bill The Editor of TMP Fezian05 Apr 2023 8:05 a.m. PST

Remember that it varies, depending on type of crime and the jurisdiction (i.e., federal vs state).

For example, California has NO statute of limitation for murder.

Andrew Walters05 Apr 2023 9:12 a.m. PST

There's a chart!

link

Who doesn't like charts?

The defense will argue that the time has run out, and they have a good argument. The prosecution will argue that the clock must be "stopped" for any of several special conditions that apply. Some of their likely arguments are weak, but some are novel and will require research and motions and procedural nonsense. This will take a very, very long time.

Trump is 76. They say he has "legal problems". Considering the complexities and the speed with which such things move, he may be able to live out his life in peace. Remember that he can stay out of prison until he exhausts all appeals. Would they really throw and 90 year old ex-president in prison if that's when it all wraps up? It's a weird race against time.

Is it really true that in the USA if you can avoid being caught for 7 years then the law can't touch you?

Sort of.

Certain things "stop the clock". If you commit a crime and flee the country and return ten years later, the ten years you were un-findable don't count against the statute of limitations. So if it's seven years it has to be seven years where they knew where you were and could have arrested you.

I am using sloppy language here for a reason – it's very complicated. One of the first things that would happen in such a trial is that the defense would argue that the time has run out and the prosecution would argue that it has not. That would be a whole separate legal argument with code references and precedents and fact determinations. Were you really out of the country? Could they have arrested you one state over? Etc.

So it's not just a matter of time.

Personal logo 20thmaine Supporting Member of TMP05 Apr 2023 1:44 p.m. PST

Thanks – I feel a lot better informed!!

Still quite surprised,I have to admit.

I do like a chart! evil grin

Skeets Supporting Member of TMP05 Apr 2023 5:50 p.m. PST

In Massachusetts there is no term limit when it involves murder. A man has been convicted and sentenced to life for a murder of a 12 year old girl 28 years ago due to DNA finally matched to his found on her body.

14Bore08 Apr 2023 3:21 a.m. PST

Yes many crimes have limitations on accountability in the USA. Capital crimes and others do have unlimited time.

Personal logo StoneMtnMinis Supporting Member of TMP11 Apr 2023 10:20 a.m. PST

And fabricated "crimes" for a political show trial don't count.

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