If you are facing criminal charges in New Jersey, you probably have questions about the legal process and its effect on your defense. At the Law Office of Jason A. Volet, we want to help you understand the system you’re facing. You should know how the statute of limitations could affect the prosecution’s case against you. This knowledge can help your defense strategy and potentially affect the outcome of your case.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event that someone may begin legal proceedings. For criminal offenses, the statute of limitations determines the period in which the state can charge someone with a crime. After this time frame has passed, the state typically cannot prosecute for that offense. There are practical reasons to put a deadline on prosecuting crimes, such as evidence degrading and memories fading over time, as well as philosophical ones. The state must respect that everyone is presumed innocent and should not be hounded over crimes they allegedly committed long in the past.
How Long Is New Jersey’s Statute of Limitations?
In New Jersey, the statute of limitations governing a particular offense varies depending on the seriousness of the crime. For indictable offenses, or felonies, the limitation period is generally five years. The time limit is typically one year for disorderly persons offenses, or misdemeanors. In other words, the state has five years from the date of the alleged indictable offense and one year from a disorderly persons offense to file charges.
However, these general limitation periods are not the whole story. Certain serious crimes have a more extended limitation period – or even none at all. The timeline for other crimes may also be affected by factors like the victim’s age at the time of the alleged offense.
When Does the Statute of Limitations for a Criminal Offense Start Running?
The clock on the statute of limitations typically starts ticking when the crime is alleged to have occurred. However, certain offenses do not have obvious start and end points. This is particularly true for ongoing crimes like fraud or embezzlement schemes, where the criminal behavior continues over an extended period. If you are facing allegations of these types of crimes, a skilled New Jersey criminal defense attorney can help you understand the statutory limits that might apply in your case.
What Does It Mean When a Statute of Limitations Is Tolled?
“Tolling” is a legal term that refers to pausing or delaying the running of the time period set by the statute of limitations. For example, the limitation period might be tolled if the accused flees or DNA or fingerprint evidence for the alleged crime has not yet been discovered. In these cases, the clock wouldn’t start again until the authorities capture the fugitive or when evidence is found.
Are There Exceptions to the 5-Year Time Period?
New Jersey law provides several exceptions to the general five-year statute of limitations for indictable offenses, including:
- Official misconduct and bribery – One notable exception is cases involving public officials or employees who use their positions for personal gain. This crime is an indictable offense called official misconduct. Another is bribery, which is offering, accepting, or soliciting a benefit in exchange for an official action. In both instances, the statute of limitations is seven years.
- Sexual contact with a minor or endangering welfare of children – In cases of sexual contact with a victim who was a minor at the time of the alleged offense, the limitation period is either five years after the victim turns 18 or two years from discovery – whichever is later. This limit also applies to charges for endangering the welfare of children.
Are There Certain Crimes That Have No Statute of Limitations?
Some crimes are so serious that New Jersey allows prosecutors to bring charges at any time, with no statute of limitations. This stipulation applies to crimes such as:
- Murder
- Manslaughter
- Sexual assault
- Terrorism
- Causing or risking widespread harm
- Environmental offenses
Can the Statute of Limitations Be Used as a Defense in a Criminal Case?
If the state tries to prosecute you after the statute of limitations for your alleged crime has expired, your defense attorney can use this as a complete defense to move for a dismissal of the charges. However, the statute of limitations can be a complex area of law with many exceptions and tolling periods. It is essential to have an experienced criminal defense attorney who can accurately determine what deadline applies to your case.
Contact a New Jersey Criminal Defense Lawyer
New Jersey’s criminal statute of limitations on certain crimes can offer a powerful defense to criminal defendants. But these laws’ complexity means that taking advantage of them can be challenging on your own. At the Law Office of Jason A. Volet, our experienced team is ready to help you understand your rights, fight for your liberties, and use any statutory option at our disposal to your advantage.
Jason A. Volet is a certified Criminal Trial Attorney by the Supreme Court of New Jersey who has handled over 2,000 cases as both a prosecutor and criminal defense attorney. His dedication and loyalty to his clients have made him a trusted choice across New Jersey.
If you are facing criminal charges or believe you might soon be, do not leave your future to chance. Contact the Law Office of Jason A. Volet online or by phone for a free consultation with a committed New Jersey Criminal defense lawyer.
