The right to a “speedy trial” when facing criminal charges is guaranteed by the US Constitution. There are two grounds for this right. First off, it is the greatest approach to guarantee a fair trial because witnesses’ memories and evidence both deteriorate with time. Second, it stops the government from perpetually harassing a party accused of a crime.
State and federal governments have enacted “statutes of limitations”—periods of time to file a lawsuit after an alleged offense—to guarantee the right to a prompt trial. Keep reading to learn more about them. If you have been charged with or accused of a federal crime – or have reason to believe you might be – contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The Statutes of Limitations on Federal Crimes
The statute of limitations for federal offenses committed domestically is outlined in 18 U.S.C. 3282. The SOL is five years, “unless otherwise specifically granted by law,” according to this statute. Simply put, an indictment must be filed no later than five years after the alleged act was committed in order for someone to be charged criminally with a federal felony.
The majority of federal laws, however, expressly allow for varying statutes of limitations that are longer than the standard five-year period. The SOL is an affirmative defense, thus the defense must bring it up and ask for the indictment to be dismissed because the deadline has passed.
The defense is waived and the conviction may remain if the defense attorney does not bring up the statute of limitations issue as a defense either before or during the trial. This is just one of the reasons it is so important to hire the best criminal defense attorney.
Some Crimes Have Longer Statutes of Limitations Than Others
Extended time periods have been set down by federal law for the prosecution of particular crimes. These longer deadlines might be in place due to the seriousness of the offense or the fact that federal prosecutors need more time to develop their cases in these circumstances.
There are too many exclusions to mention them all here, however some typical instances of crimes with lengthier statutes of limitations include failure to file a tax return and federal tax evasion, both of which the government has six years to file.
According to the United States Code, major fraud against the federal government that costs $1 million or more has a seven year statute of limitations and mail fraud, wire fraud, and bank fraud all have ten year statutes of limitations.
If you have been accused of a federal crime, it is essential to hire an experienced criminal defense attorney. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation today.
