Understanding the Statute of Limitations on Crimes in Long Island

Understanding Statutes of Limitation on Crimes in Long Island

Statutes of limitation, or SOLs, are laws that set deadlines for pressing criminal charges. These deadlines require prosecutors to file charges within a certain timeframe from when the crime occured. On Long Island, SOLs vary widely depending on the type and severity of crime. As a local defense lawyer, I often need to research SOLs to advise clients on their options.

Why Do We Have Statutes of Limitation?

SOLs serve several key functions in our legal system. Mainly, they encourage prompt investigation of crimes while evidence is fresh. Memories fade, witnesses move away; after awhile, it becomes difficult or impossible to mount a reliable prosecution. SOLs also give people closure—the comfort, after a certain time, of knowing they won’t suddenly be hauled into court to account for long-ago acts.

How Long Are Statutes of Limitation?

There’s no one-size-fits-all answer. On Long Island, SOLs range from as little as one year for misdemeanors to no limit at all for the most serious felonies. Lawmakers decide these time limits based on the severity of each crime.

• Misdemeanors – 1 to 2 years. Low-level offenses like petty larceny, trespass, simple assault. Evidence goes stale quickly, so rapid prosecution is favored.
• Non-Violent Felonies – 5 years. Includes fraud and theft crimes involving larger dollar amounts. 5 years balances need for fresh evidence with lengthier prison terms if convicted.
• Violent Felonies – 5 years. Covers crimes like robbery, arson, manslaughter. Time limit is the same as non-violent felonies, thoug potential penalties are harsher.
• Most Serious Violent Felonies – No limit. Includes murder, kidnapping, terrorism, and other heinous acts. These have no SOL due to their gravity. Prosecution can commence anytime.

As you can see, the more damaging and morally offensive the crime, the longer the time allowed for filing charges. There are limited exceptions where SOLs may be extended or eliminated, which I’ll explain shortly. First, a quick word on…

When Does the Clock Start Ticking?

This is a common source of confusion. It’s not always as straightforward as the date the crime occurred. Rather, the SOL timeframe generally runs from when the crime was discovered or could reasonably have been discovered.

For instance:

• Theft: SOL runs from when victim realizes property is missing.
• Fraud: SOL runs from discovery of the deception, not when money originally changed hands.
• Sex crimes: Can run from date of police report rather than incident date, since abuse may go unreported for years due to age of victim or psychological coercion.

Courts have interpreted discovery rules differently in various cases, so the start date can require some research. But in most instances, the clock starts ticking upon discovery rather than occurrence of criminal behavior.

Tolling Provisions – Pausing the Clock

Certain circumstances can “toll” or pause the SOL clock. These tolling provisions stop the clock from running during a certain period, giving law enforcement more time to build a case:

• Suspect absent from jurisdiction – If a defendant purposefully leaves New York to avoid prosecution, the SOL pauses until he or she returns. No fleeing to Florida to wait out the clock!
• DNA evidence – 2002 law says SOL doesn’t run while DNA evidence undergoes analysis. This prevents crime labs’ backlogs from inadvertently letting criminals off the hook.
• Child victims – For serious sex crimes against minors, SOL is tolled until victim turns 23 years old. Prior law was age 18. This helps address developmental delays, memory recovery, and fear of testifying.

So in various scenarios, the SOL clock may stop for awhile then restart when circumstances change. Defense lawyers scrutinize these tolling provisions closely to see if they were applied correctly. Even a single missed day could mean charges get tossed out!

Extended SOLs – Adding Time

New York has also lengthened SOLs for certain offenses after the usual deadline expires. This is rare but can happen if lawmakers decide more prosecution time is needed:

• Child sex abuse – 2019 law granted one-year window for victims to sue abusers, no matter how long ago crimes occurred. This temporary revival of old cases applied to civil lawsuits rather than criminal charges. Still, it demonstrates extended SOLs do occasionally happen, even retroactively.
• Rape DNA evidence – Another 2019 law gave rape cases an extra 10 years past normal deadline if new DNA evidence emerges linking suspect. So a case long considered cold could reopen years later if modern technology uncovers new clues.

While uncommon, these examples illustrate SOL extensions remain a possibility when public policy demands it. Victims’ advocates lobby aggressively for longer limits as memories fade and evidence degrades. So far New York has tread cautiously, but the tide may continue shifting to favor more prosecution time.

What Happens When SOL Expires?

If charges aren’t filed before the SOL clock runs out, the case doesn’t always vanish instantly. But expiration does seriously impede prosecution.

When the deadline passes, defendants gain grounds to seek dismissal of charges. At that point the burden falls heavily on prosecutors to justify why the case should proceed. Often they cannot, and courts have no choice but to toss indictments citing SOL violations.

This doesn’t automatically exonerate defendants or prove their innocence. But under “speedy trial” constitutional principles, defendants do gain potent legal shields against further prosecution.

So while an expired SOL doesn’t guarantee charges will be dropped, it severely undercuts the state’s ability to proceed. This creates strong leverage for defense attorneys to argue for dismissal.

Takeaway Tips

I know that was a whirlwind tour of SOL rules in our region! Key takeaways for non-lawyers:

• SOLs encourage prompt prosecution and give people closure after a certain time.
• Time limits range from 1 year to none, depending on the offense. More serious = more time.
• The clock starts at discovery of the crime rather than occurrence.
• Tolling provisions can pause the clock if defendants flee or DNA evidence is analyzed.
• SOL extensions do occasionally happen, even retroactively, if policymakers intervene.
• Expired SOLs don’t automatically end cases but do help defense lawyers seek dismissal.

I hope this breakdown gives useful context on how SOLs function in New York and Long Island. If you face criminal investigation for past acts, be sure to consult experienced local counsel to understand your rights and options. Laws and precedents in this area shift frequently, so individualized guidance is a must.

For now, hopefully this article provides helpful baseline knowledge. Stay safe out there, folks! Reach out to me anytime if you need a legal hand.