The statute of limitations is a certain time frame in which a case can be brought forth following the offense. In simpler terms, it is a legal deadline. This deadline applies to most cases but differs based on the nature and/or type of case being brought forth. Cases that do not have a statute of limitations are cases that involve sexual crimes against minors and violent crimes, or narcotics crimes where you may need the help of a Arlington, TX drug possession lawyer from Brandy Austin Law Firm.
The statute of limitations is extremely important, even though it might seem like such a small detail within the case. The statute protects the defendant from prejudice from the prosecutor. By keeping a deadline for legal action, we can ensure that the case takes place in a timely manner, we can ensure fairness within the case, and we can prevent malicious prosecution. In the landmark case United States v. Lovasco, 431 U.S. 783, 789 (1977), the defendant was prosecuted more than 18 months after the crime allegedly occurred. The defense argued that the defendant had not been granted his due process, and the case was dismissed, The delay was not justified and was deemed prejudicial to the defendant. This is a concrete example of why the statute of limitations is so important to follow. If it is violated without good reason or justification, the case can be dismissed. Even if guilt is admitted after the deadline, there can be no legal action taken against the defendant. This is why it is so important to go forward with legal action in a timely manner.
The sixth amendment might seem similar to the statute of limitations but they are two very different things. The sixth amendment protects defendants from prejudice that have resulted from delays of trial, while the statute imposes time limits on the filing of the case. They essentially work side by side.
The statute of limitations varies by state. In the state of Texas, each type of crime has a different statute of limitation. Misdemeanors have 2 years and felonies can have anywhere from 3-10 years. For civil cases, the statute of limitations is generally one year. This includes offenses like libel, slander, malicious prosecution, and breach of promise of marriage.
There are some offenses that do not have a statute of limitations due to their nature. In Texas, these include murder, manslaughter, sexual assault of a minor, and
indecency with a child. The statute does not apply to cases of this nature because of the severity, desire to ensure justice, and victim impact. In these types of cases we need to ensure all evidence is gathered and preserved, another reason for extending the legal deadline. Some crimes may also have an abundance of public interest. If there is enough then the statute may be waived. The statute can vary by state due to the fact that the legislature decides the statue. In certain states like New York, felony charges do not have any statute, but that is also a result of the difference in definition of felony.
When filing a case with your attorney, be careful to specify and d o research on the statute of limitations according to the charges you are wishing to file. This is very important as it can make or break your case before it even starts!
