Legal Question in Criminal Law in New York

For most crimes prosecuted in New York State, the statue of limitations period is measured from the time the crime is completed and not from when it is discovered.

In New York, the period of the statute of limitations for most felonies is five years, per CPL 30.10(2)(b). However, there are excludable time periods, including time spent outside of the state of New York and the time when a suspect cannot be reasonably located by law enforcement. See CPL 30.10(4)(a). This can extend the effective limitations period up to ten years. Also bear in mind that the statute of limitations demands is that a case be "commenced" within the applicable period, which generally only means that an accusatory instrument must be filed before the period expires. It is possible for a charge to be filed against a defendant before the statute of limitations lapses without the defendant even knowing that this has happened.

DO NOT ASSUME that you are safe from prosecution simply because you believe the limitations period has passed. If law enforcement is sniffing around a case, it must be that they think that a prosecution is still viable and they are much more likely to guess right than you are.

A lawyer can advise you and determine if a charge has been filed in the matter and find out what is going on. He can also make appropriate motions to dismiss any charge under CPL 30.10 or People v Singer, 44 NY2d 241 (1978), whichever may be appropriate.

DO NOT TALK TO ANYONE about this matter other than your lawyer. That means you need a lawyer and, until you get one, you should talk to NO ONE about the facts of the case, including your mom. Some guys, confident in their innocence and that they know the law, will decide to talk about possible charges without a lawyer. These guys wear green jump suits and live in prison. Don't join them.