Understanding the Statute of Limitations for Federal Crimes

The Statute of Limitations for federal crimes (as opposed to State offenses, such as driving under the influence of alcohol, drug offenses, and domestic violence) sets a limit on how long after a crime was committed that a defendant can be charged. A defendant will be charged with a state crime for robbing a bank unless a federal agency insures it. An assault in a national park, for example, is a federal crime, but at a shopping mall, it is a state offense. We will only focus on federal crimes in this article.

What Is the Limit?

A limit of five years is set in which a person can be charged after the date of the alleged crime unless the information becomes available in the following five years or the indictment is found in that time. The statute gives a proviso that the five years is fixed except where the law states differently.

It also specifies that capital crimes are excluded. Such issues can be tricky for the layperson to understand, and a good lawyer is always required to interpret the law.

What Is the Purpose or the Intent Behind the Statute of Limitations?

It is vital that no rights of the individual are waived and that a defendant receives a fair trial. One of these rights is to receive due process as contained in the law and enshrined by the Constitution. When federal officers fail to abide by the law, the people lose faith that their rights will not be violated.

It will be more difficult for the accused to defend themselves after a certain amount of time has elapsed. Witness memories will no longer be clear, and some evidence may be unavailable.

The defendant who wants to use the Statute of Limitations as a defense will have to demonstrate that the charge was only filed once the five years had expired.

What Are the Exceptions to the Statute of Limitations?

One exception has been mentioned, i.e., capital crimes. A murder charge can be brought at any time after the crime was committed, no matter how many years have elapsed. The five-year limit is almost always applicable to other offenses. If it is not valid, this will be recorded in specific codes of the statute. 

These cases extend the time period at the request of the Attorney General. One example is that the original charges were dropped. A further six months is allowed in this case on top of the five years. Another instance is where the evidence exists outside of the United States or the crime was committed in another country.

There is no Statute of Limitations on sexual offenses against minors. The statute of limitations for child abuse claims is affected by the discovery rule. The trauma of child abuse may be repressed due to the horrors of the crime and only be expressed in certain psychological difficulties. It may only be recalled during therapy or psychological counseling, by which time the child may already be an adult. At this stage, a lawyer with special expertise in child abuse claims can assist the victim with justice.

The Statute of Limitations protects victims and defendants.

Final Thoughts

In conclusion, it is important to understand the statute of limitations for federal crimes. Doing so can help ensure that justice is served, that wrongdoers are held accountable, and that victims receive the support and justice that they deserve.