Statute of Limitations for Federal Crimes
The U.S. Constitution guarantees citizens the right to a "speedy trial" when charged with a crime. This right serves two main purposes: first, because evidence and memories can fade over time, it helps ensure trials remain fair.
Secondly, it stops the government from continually harassing an individual over an alleged crime. To protect the right to a swift trial, both state and federal governments have established "statutes of limitations," which set time limits for filing a court case after an alleged offense.
The statute of limitations (SOL) for a crime establishes a deadline for the federal government to commence formal prosecution; if it does not, it is permanently barred from doing so.
For federal crimes within the U.S., 18 U.S.C. § 3282 specifies that the SOL is typically five years unless a different period is explicitly set by law.
Simply put, the statute of limitations (SOL) is a crucial defense because it can determine whether a federal case is even permissible, as it establishes a deadline for filing charges.
If the defense counsel does not raise the statute of limitations issue before or during trial, the defense is waived, potentially allowing the case to proceed; thus, timely invocation is essential.
Key Takeaways
- The statute of limitations is a legal rule that defines a set time limit for prosecuting a crime.
- This period usually starts from the date the alleged crime occurred.
- Prosecutors must file official charges within the timeframe set by the statute of limitations for those suspected or accused of federal crimes; otherwise, the charges can be dismissed.
- Knowing the duration of this period and how to use it as an affirmative defense can be very beneficial for anyone facing federal charges.
What is the Standard SOL?
Generally, the statute of limitations for non-capital federal crimes is five years from the date of the crime, according to U.S. Code Title 18 Section 3282. This period applies to most non-violent federal offenses and any other crimes not governed by a different time limit.
18 U.S.C. 3282 reads explicitly, "Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed."
The phrase 'except as otherwise expressly provided by law' highlights that some federal crimes have longer statutes of limitations, which can be critical for defense planning.
Subsection (b) of the DNA Profile Indictment states that, generally, "In any indictment for an offense under chapter 109A where the accused's identity is unknown, describing the accused as an individual with an unknown name but with a specific DNA profile is sufficient." The term "DNA profile" refers to a set of DNA identification characteristics.
Federal Crimes with Extended Statutes of Limitations
Federal law has set longer time limits for prosecuting certain specific offenses. These extended periods may be due to the seriousness of the crime or the need for federal prosecutors to have more time to develop their cases.
The list of exceptions is too extensive to detail all here, but some common examples of crimes with longer statutes of limitations are:
- Federal tax evasion (26 U.S.C. 7201): six years.
- Failure to file a tax return (26 U.S.C. 7203): six years
- Major fraud against the federal government: seven years
- Mail fraud (18 U.S.C. 1341): ten years
- Wire fraud (18 U.S.C. 1343): ten years
- Bank fraud (18 U.S.C. 1344): ten years
- Conspiracy to commit a federal crime (18 U.S.C. 371): ten years
- Non-violent violations of certain federal terrorism laws: eight years
- Embezzling from a federal financial institution (18 U.S.C. 657): ten years
- Receiving gifts for loans (18 U.S.C. 215): ten years
- Falsify bank records (18 U.S.C. 1005): ten years
- Immigration crimes: ten years
- Arson (18 U.S.C. 81): ten years
Extension or Suspension of SOL
Certain circumstances can extend or suspend the five-year statute of limitations. For instance, if a defendant flees to evade prosecution, the limitation period may be paused until the individual is captured or returns to U.S. jurisdiction.
The period can be paused in cases involving DNA evidence until a DNA match is confirmed. Furthermore, the statute of limitations might be extended when prosecutors require proof from a foreign country.
Which Federal Crimes Have No Statute of Limitations
Certain serious or violent federal offenses can be prosecuted at any time and do not have a statute of limitations. These include:
- Any federal "capital" offense (18 U.S.C. 3281) refers to an offense punishable by the death penalty.
- Any act of terrorism (18 U.S.C. 3286) that causes death or severe bodily injury.
- Federal sex crimes under 18 U.S.C. 3283 involving a minor as the victim.
The SOL as a Defense That Affirmatively Rebutts Claims
As noted, the statute of limitations does not prevent prosecutors from initiating charges after it expires. They may still do so, and sometimes they have. However, you can use the statute of limitations as an affirmative defense to contest the delay and request a dismissal.
This is particularly helpful when a case has been pending for years, evidence has been lost or destroyed, or witnesses are no longer available to testify.
To invoke the statute of limitations as a defense, your attorney needs to take the following steps:
- Claim before the trial that the statute of limitations for the crime has expired. Once the trial begins, this claim might no longer be accepted.
- Show that the prosecution submitted their criminal complaint after the statute of limitations had elapsed. In essence, the period between the filing of the complaint and the date of the alleged crime exceeds the legally permitted timeframe.
Practicing federal criminal defense law demands advanced legal expertise and a dedication to defending the rights of anyone accused by the federal government. With decades of experience, we know how to spot issues in a federal indictment, such as the expiration of the statute of limitations.
Legal rules, such as the statute of limitations, illustrate the various defenses and strategies that experienced attorneys evaluate for their clients. Contact us to consult with our federal criminal defense attorneys. Cron, Israels & Stark is based in Los Angeles, California.
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