Understanding the Statute of Limitations in Criminal Cases
Hello. This is Tulsa criminal attorney Brian Carter with the Wirth Law Office. In this video, I’m going to discuss whether or not a defendant can be prosecuted after the statute of limitations has run. And the answer is no. However, if there are other related crimes involved that the statute of limitations has not run, then those are still prosecutable.
If charges are filed after the statute of limitations has run, the defense will be that since the statute of limitations has run, there’s an absolute bar on prosecution, and in which case, the court will typically go ahead and dismiss the charges.
The Impact of Related Crimes
While the primary charge may not be prosecutable if the statute of limitations has expired, it’s essential to consider any related crimes. If these associated offenses still fall within the statute of limitations, they can proceed in court. This ensures that justice is pursued even when specific deadlines have passed.
Prosecutors often examine the details of a case to identify any such related criminal acts. By doing so, they aim to uphold the law while respecting statutory demands.
Legal Defense Strategies
When a defendant faces charges after the statute of limitations has expired, their legal defense team has strong grounds to move for a dismissal. Presenting evidence that the statute of limitations has run its course is a critical strategy.
Courts typically acknowledge this defense, leading to a dismissal of the time-barred charges. Legal representation that understands these nuances is vital to safeguarding a defendant’s rights.
Begin Your Defense: Initial Strategy Session Available
This is Tulsa felony attorney Brian Carter with the Wirth Law Office. We can be reached at 918-932-2800 or wirthlawoffice.com. If you have questions about your legal standing or possible defenses, reach out today. We offer a low-cost initial strategy session to explore your options and understand your situation better. Call us to schedule your consultation.
