Legal Question in Criminal Law in Colorado
statue of Limitations
I was just watching a cold case in which a man was arrested for trafficing 5 million $s worth of cocain, he skipped bail and eluded capture for 25 years. He was then caught and convicted of the trafficing and bail jumping charges and sentenced to 9 years. I am confused because I am under the impression that after 7 years he would have been a free man due to the Statue of Limitations on the crime?
5 Answers from Attorneys
Re: statue of Limitations
A statute of limitations sets a deadline by which the charges must be filed, not by which the trial must be held. If charges are filed within the time limit, the statute has been satisfied regardless of what happens later.
Btw, different crimes have different limitation periods, and these periods vary from one jurisdiction to another. I'm not sure why you think a 7-year limit would apply to these charges.
Re: statue of Limitations
Warrants are forever. Once a warrant is issued, the statute of limitation no longer applies, since they have solved the crime and identified the perp. That is what has to be done within the statute period. You really thought the 'run and hide' legal defense was real?
Re: statue of Limitations
SOL applies to the filing of the case, not when it is brought to trial. Once the police file the case with the court, then the time limit has been satisfied. A speedy trial issue may still be available, but not likely since the trial delay was due to the defendant's actions only.
Re: statue of Limitations
Know that phrase, "You can run, but you can't hide"? It applies to statutes of limitations. If the charges have been filed, and the defendant is running from prosecution, the time to go to trial will run out when the defendant dies of old age. Even then, some prosecutors will try to get the first-born son (just kidding).
Re: statue of Limitations
No statute of limitations after one skips town and there is a warrant.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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