NJ Statute of Limitation for NJ Criminal Offenses

NJ Criminal Statute of Limitations

In New Jersey, the statute of limitations sets deadlines for prosecutors to file criminal charges based on the date the offense occurred. If charges are brought after the time limit expires, the case cannot proceed.

Understanding the statute of limitations is important for anyone facing potential criminal liability in NJ. This article provides an overview of the time limits applicable to different types of crimes.

What is a Statute of Limitations?

A statute of limitations is a law that sets a maximum time period that someone can be prosecuted for a crime[1]. The clock starts running from the date the offense was committed.

If charges are filed after the statute of limitations expires, the defendant can seek dismissal based on the delay. The prosecution will be barred from moving forward at that point.

Statutes of limitation protect defendants by encouraging prosecutors to act promptly and preserving fairness. Evidence and memories fade over time, making delayed prosecutions difficult.

General Statute of Limitations in New Jersey

New Jersey’s general criminal statute of limitations is governed by N.J.S.A. 2C:1-6[2]. Under this statute:

• Most criminal prosecutions must begin within 5 years of the crime.
• Charges for non-capital offenses with a 10+ year maximum sentence must be filed within 7 years.

So for most crimes in NJ, the statute of limitations is 5 years. But for more serious offenses, prosecutors have 7 years to commence a case.

No Limit for Murder or Manslaughter

Under New Jersey law, there is no statute of limitations for the most serious violent crimes[2]. Prosecutions can be initiated at any time for:

• Murder
• Manslaughter
• Aggravated Manslaughter
• Vehicular Homicide

The passage of time provides no protection or deadline for homicide charges in NJ. Cold case investigations and prosecutions are common even decades later.

Sex Crimes and Child Victims

For sex offenses in New Jersey, the statutes of limitation vary based on the age of the victim[3]:

• Sex crimes against adult victims must be charged within 5 years.
• If the victim was under 18, charges can be filed up to the victim’s 30th birthday.
• Sex crimes with victims under 13 have no time limit for prosecution.

So cases involving child molestation or abuse may not be uncovered until years later, but charges can still be pursued.

Financial and Property Crimes

For crimes involving money, property, or public corruption, New Jersey law extends the statute of limitations[4]. Prosecutors have up to:

• 7 years for theft, forgery, or falsifying records charges.
• No limit for charges of official misconduct by public officers.

Longer time limits apply to allow full investigation of complex financial schemes or public corruption.

Tolling the Statute of Limitations

In some cases, the statute of limitations clock may be paused or “tolled”[5]. Reasons the time limit could be tolled include:

• The defendant was out of state, in hiding, or unavailable.
• Evidence was newly discovered, like DNA evidence.
• The crime was fraudulently concealed.

Tolling provides more time for prosecutors if circumstances prevented timely filing of charges.

No Limit If Charges Were Already Filed

It is important to note that once charges are formally filed in court, the statute of limitations ends[1]. For example:

• If charges are filed 4 years after a crime, prosecutors have as much time as needed to pursue the case.
• The statute only bars charges filed for the first time after the time limit expires.

So the deadline only applies up through initial charging, not after charges commence.

Consequences of a Missed Statute of Limitations

If prosecutors in New Jersey miss the statute of limitations deadline, a defendant can file a motion to dismiss the charges[6]. If granted, this motion stops the criminal case completely.

However, just because the statute expired does not invalidate evidence or prevent non-criminal consequences like a civil lawsuit.

Exceptions for DNA Evidence

New Jersey has a law allowing extension of time limits in cases with DNA evidence. If DNA from the crime is matched to a suspect after the statute expires, prosecutors have an additional 5 years to file charges.

So a positive DNA match can allow charges even decades after the crime if the statute had already run.

Consult an Attorney About Your Statute of Limitations

Determining if the statute of limitations has expired in a particular case requires a detailed analysis of New Jersey law and the facts. If you are facing dated charges, consult with an experienced criminal defense attorney.

An attorney can assess if you have grounds to seek dismissal based on the statute of limitations. Time limits provide strong protections but must be asserted properly. Don’t delay in speaking to a lawyer about your statute of limitations defenses.