Legal Question in Criminal Law in Indiana

Statute of Limitations on Filing Criminal Charges

If I have had an altercation with a spouse and the police were called, a report filed and I didn't want to press charges at the time, how long do I have to change my mind if I decide to press charges at a later time? There is enough documented information in the police report to obtain at least one conviction of a class D felony for Criminal Recklessness (with a deadly weapon) among other charges.


Asked on 10/28/04, 2:02 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Statute of Limitations on Filing Criminal Charges

The facts would have to be reviewed by the state after which such a determiantion could be made. However, if you are reporting a crime you only become witness for the state. It is not up to you whether prosecution is undertaken. The reason is that battery, domestice battery and other crimes are violations state statute. If you feel you must contact authorities then do so. However, it is not in anyones interest to keep "changing your mind". These are serious matters and not be used as some type of ploy.

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Answered on 10/28/04, 3:54 pm


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