Criminal Defense Lawyers

What Is the Statute of Limitations for Criminal Charges in Los Angeles?

What Is the Statute of Limitations for Criminal Charges in Los Angeles?

If you’re facing potential criminal charges in Los Angeles, understanding the statute of limitations is crucial. At Spodek Law Group, we know how stressful and confusing this situation can be. That’s why we’re here to help explain everything you need to know about criminal statutes of limitations in LA.

What Exactly is a Statute of Limitations?

Let’s start with the basics – what the heck is a statute of limitations anyway? In simple terms, it’s a law that sets the maximum time after an event within which legal proceedings may be initiated. For criminal cases, it limits how long prosecutors have to file charges after an alleged crime occurs.Think of it like a ticking clock. Once the crime happens, the clock starts running. If prosecutors don’t file charges before time runs out, they lose their chance to bring a case. The idea is to protect defendants from having to defend against old accusations where evidence may be lost and memories have faded.But here’s the thing – statutes of limitations can get complicated. The time limit varies based on the specific crime. Some very serious crimes have no time limit at all. And there are all sorts of exceptions that can pause or extend the clock.That’s why having an experienced criminal defense attorney on your side is so important. At Spodek Law Group, we have an in-depth understanding of California’s statute of limitations laws. We can analyze the details of your case and determine exactly what time limits apply.

General Statute of Limitations for Common Crimes in Los Angeles

While every case is unique, here are some general guidelines for statute of limitations on common crimes in LA:

Keep in mind, these are just general rules. The actual time limit in your case may be different based on the specific circumstances. That’s why it’s so important to consult with a knowledgeable attorney about your situation.

Crimes with No Statute of Limitations

Some crimes are considered so serious that there is no time limit for bringing charges. In Los Angeles, crimes with no statute of limitations include:

• Murder
• Embezzlement of public funds
• Crimes punishable by death or life imprisonment without parole

This means prosecutors can file charges for these crimes at any time, even decades after they allegedly occurred. If you’re facing accusations related to any of these offenses, you need to take it extremely seriously – no matter how long ago it may have happened.

Longer Statutes of Limitations for Certain Crimes

While most felonies have a 3-year statute of limitations, some have longer time limits. For example:

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• Crimes punishable by 8+ years in prison: 6 year statute of limitations
• Elder abuse (excluding financial abuse): 5 year statute of limitations
• Fraud offenses: 4 year statute of limitations

Sex crimes often have special, extended statutes of limitations as well. For instance, many sex crimes against minors can be prosecuted until the victim turns 40 years old.The takeaway? Don’t assume charges can’t be filed just because some time has passed. Always consult with an attorney to understand the specific time limits that apply in your case.

When Does the Clock Start Ticking?

Typically, the statute of limitations clock starts running on the date the crime was committed. But there are some important exceptions:

• For fraud and theft crimes, the clock may not start until the offense is discovered
• If the defendant is out of state, the clock may be paused for up to 3 years
• For some crimes against minors, the clock doesn’t start until the victim turns 18

These exceptions can significantly extend the time prosecutors have to file charges. That’s why you can’t just look at a calendar and assume you’re in the clear. You need an experienced attorney to analyze all the factors at play.

Can the Statute of Limitations Be Extended?

In some cases, yes. There are several situations where the statute of limitations can be “tolled” (paused) or extended:

• If the defendant is out of state (up to 3 year extension)
• If there’s already a case pending for the same conduct
• If evidence is held up due to attorney-client privilege claims
• For certain crimes against minors or elderly/dependent adults

Additionally, if new DNA evidence is discovered, it may allow charges to be filed beyond the normal statute of limitations.The bottom line? Don’t assume you’re safe just because some time has passed. Prosecutors have ways to work around statutes of limitations in many cases.

What Happens if Charges are Filed After the Statute of Limitations?

Let’s say prosecutors file charges after the statute of limitations has expired. What happens then?In most cases, the charges should be dismissed. But it’s not automatic – the defense needs to file a motion to dismiss based on the statute of limitations violation. This is typically done right at arraignment as a demurrer motion.If the motion is granted, the case will be dismissed. But if it’s denied, the case can proceed. That’s why having a skilled defense attorney who understands these complex laws is so critical. At Spodek Law Group, we have extensive experience litigating statute of limitations issues and getting cases dismissed when appropriate.

Why the Statute of Limitations Matters for Your Case

You might be wondering – why does all this statute of limitations stuff really matter? Here’s why it’s so important:

1. It can get your case dismissed: If charges are filed too late, we may be able to get your entire case thrown out.
2. It affects evidence and witnesses: The longer the delay in filing charges, the harder it is to gather evidence and locate witnesses to support your defense.
3. It impacts plea bargaining: Knowing the statute of limitations gives us leverage in negotiations with prosecutors.
4. It determines investigation timelines: Understanding time limits helps us advise you on how long you may be under investigation.
5. It affects your rights: Some of your constitutional rights, like the right to a speedy trial, are tied to statute of limitations issues.

The statute of limitations isn’t just some technicality – it can make or break your entire case. That’s why having an attorney who truly understands these laws is so crucial.

How Spodek Law Group Can Help with Your Case

If you’re facing potential criminal charges in Los Angeles, don’t try to navigate the complex world of statutes of limitations on your own. At Spodek Law Group, we have the knowledge and experience to protect your rights. Here’s how we can help:

• Analyze your case: We’ll review all the details to determine exactly what statute of limitations applies.
• Identify exceptions: We’ll look for any factors that could extend or toll the statute of limitations.
• File motions: If appropriate, we’ll file motions to dismiss based on statute of limitations violations.
• Negotiate with prosecutors: We’ll use our knowledge of time limits as leverage in plea negotiations.
• Develop defense strategy: Understanding the applicable time limits helps us craft the strongest possible defense.

Our attorneys have extensive experience handling criminal cases in Los Angeles courts. We know how to navigate the system and fight for the best possible outcome in your case.

Don’t Wait to Get Help – Call Spodek Law Group Today

When it comes to criminal charges, time is truly of the essence. The longer you wait to get legal help, the more you put your case and your future at risk.If you’re facing potential criminal charges in Los Angeles, don’t delay – call Spodek Law Group right away at 212-300-5196. We offer free consultations to discuss your case and explain how we can help.Remember, prosecutors are already building their case against you. Shouldn’t you have an experienced team on your side too? Contact us today and let us start fighting for you.