The statute of limitations for federal crimes is typically five years, though it depends on the crime and the circumstances. For some federal crimes, there is no statute of limitations. Variables such as the victim’s age and the defendant’s whereabouts can also complicate matters.
Understanding the laws that govern the statute of limitations can help you determine your legal standing. You’ll be aware of deadlines for filing charges and any exceptions that may impact your situation.
Dealing with the federal government can be intimidating and confusing. A skilled Los Angeles federal crimes lawyer can offer advice on how to proceed with your case. Reach out for a free case evaluation before making any decisions.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a period of time after which legal action can’t proceed for a given crime. If charges are not filed within that time, the government or defendant may lose the right to pursue the case.
The statute of limitations ensures fairness in the court system. By encouraging expediency, trials can take place while evidence is relatively fresh. Witnesses are more likely to be available, and their memories are more reliable.
In addition, it provides closure for both plaintiffs and defendants, allowing them to move on in their lives. It also helps keep the court system free of case backlogs.
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Can the Federal Statute of Limitations for Federal Be Extended?
The clock for the statute of limitations usually starts on the date of the crime, but there can be exceptions. Some cases will have a delayed start time. It can also be paused (tolled) in certain situations.
For example:
- When the victim is under the age of 18, the statute of limitations does not begin until their 18th birthday.
- If the whereabouts of the defendant are unknown and they are considered a fugitive, the statute of limitations may be tolled until they are taken into custody.
- If a defendant has concealed evidence of their crimes, the statute of limitations may not start until the crime is discovered.
To understand if or how the federal crimes statute of limitations may be extended in your specific case, speak with an attorney.
What Is the Statute of Limitations for Federal Drug Charges?
The general federal statute of limitations for drug charges is five years; however, the nature of the drug offense may involve other crimes and circumstances that extend the time.
For example, the statute of limitations for drug charges associated with murder or attempted murder may become more complicated. Major drug trafficking operations can have a lengthier statute of limitations, depending on the associated offenses.
If the defendant has fled the country or can’t be located, or the defendant has concealed their illegal activity, there may be a tolling of the statute of limitations. It is always wise to speak to an accomplished criminal defense attorney to understand any specific case.
What Federal Crimes Have No Statute of Limitations?
Some federal charges have no statute of limitations. Often, the specifics of an individual offense will determine the time limit for filing charges. A general list of the kinds of charges that may not have a statute of limitations includes:
- Murder
- Other homicide-related violence
- Terrorism
- Human trafficking
- Some sex offenses
- Some financial crimes involving fraud
- Some conspiracy charges
- Drug trafficking offenses associated with violent crimes and death
- Certain crimes against the government
If you are accused of any of the offenses, it is important to hire an attorney as soon as possible. When the government is making a case against you, it pays to have someone on your side who knows how to fight back.
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Which Federal Crimes Have a 10-Year Statute of Limitations?
While most federal charges must be filed within five, there are exceptions. Some of the federal crimes that carry a 10-year statute of limitations include:
- Arson
- Mail fraud
- Wire fraud
- Bank fraud
- Immigration offenses
- Conspiracy to commit a federal crime
- Embezzlement involving a financial institution
- Falsifying bank records.
- Racketeer Influenced and Corrupt Organizations Act (RICO) violations based on bank fraud.
Other notable exceptions to the 5-years statute of limitations include:
- The federal crimes statute of limitations for crimes against the IRS (e.g., tax evasion and failure to file a tax return) is six years.
- Major fraud against the U.S. government has a seven-year statute of limitations.
Other variables may change the statute of limitations for a specific charge. It is important to speak with an attorney for advice on your situation.
What Are the Federal Statute of Limitations for Civil Action?
Unless otherwise specified, the federal statute of limitations for civil suits is four years. However, there are many exceptions, and numerous crimes have very specific periods for filing civil charges.
To complicate matters further, you can face criminal charges and civil action for the same offense, and each may have a different statute of limitations.
You may face state and federal charges for the same offense. For example, white-collar crimes can be handled in either federal or state court.
Learn More About the Federal Crimes Statute of Limitations
You can refer to Title 18, Section 3282 of the United States Code (18 USC 3282: Offenses not capital) for an outline of the specifics of the federal statute of limitations for crimes. It explains the general period of five years, as well as other provisions.
Or, you can contact the Simmrin Law Group for advice and guidance. Michael Simmrin has decades of experience defending people charged with federal crimes. If you are accused of a crime, we want to hear your story.
Don’t try to take on the government alone! We’ll stand up for rights, so you’ll have a fighting chance. Contact us today for a free case evaluation and to learn how we can help.
Call or text (310) 896-2723 or complete a Free Case Evaluation form