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Statute of limitation question

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Statute of limitation question

Unread postby nth » Thu 01 Dec 2005, 15:24:45

Robber

According to this article, it has been more than 10 years. What happen to statute of limitations?
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Re: Statute of limitation question

Unread postby Eli » Thu 01 Dec 2005, 15:58:37

Well first off it says she is going to Federal prison, which means she is subject to the Federal court statutes of limitation.

And B. If a warrant was issued for her arrest because at the time of the crime her case would still be open and the statutes of limitation do not apply at all.

And III (b) Some crimes there are no statutes of limitation ie murder.
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Re: Statute of limitation question

Unread postby nth » Fri 02 Dec 2005, 16:46:01

$this->bbcode_second_pass_quote('Eli', 'W')ell first off it says she is going to Federal prison, which means she is subject to the Federal court statutes of limitation.

And B. If a warrant was issued for her arrest because at the time of the crime her case would still be open and the statutes of limitation do not apply at all.

And III (b) Some crimes there are no statutes of limitation ie murder.


Thanks for explaining.
A few questions:

B. What do you mean a warrant was issued and case is open the statutes of limitation do not apply?
As far as my understanding of the law, the clock starts ticking when the crime occurred and not related to when police start investigating. So, if I stole $10m from a bank and the bank was unaware of it, until 50 years later, they cannot press charges.

I am aware that capital offenses don't have limitations.
I am also aware there are no statute of limitations for IRS like these type of actions.
So the next time you rob a bank, make sure to file your taxes!
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Re: Statute of limitation question

Unread postby erl » Sun 04 Dec 2005, 13:42:49

Statutes of limitation do vary from state to state, in the federal code, and from crime to crime. So the exact answer to your question will have to be specific to the state and the crime (or civil action).

In many states (and in the federal courts) filing an indictment tolls the statute of limitations. That means it stops running.

Generally, the statute begins to run upon discovery of the crime, not when the crime took place. Again, this may vary from state to state. The theory is that if you don't know about the crime, you can't prosecute it. So, keeping the crime hidden may not help the criminal avoid prosecution.
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