Legal Question in Criminal Law in New York
Statute of Limitations / Computer Related
If the 5-year statute of limitations recently expired on a computer related crime, does one need to be charged within those 5 years?
For example, -over- 5 years ago the ability to continue engaging in the conspiracy actiivty (a web site) was confiscated by police. Recently, within the 5 year statute, defendants have been named and charges are being brought. Can additional defendents be added or tried in a separate case (if they are named in the process of) even although the 5 year statute has already passed? In some documents obtained related to the case, there was indication that it needed to be pushed through as the statute was about to pass. This is not a sex crime, or an assault/abusive crime.
Also, if you have been contacted before with a target letter, and are not brought named in this case, yet the statute is now expired, are you clear?
My understanding of the language is:
''As no provision of [section] 371 provides an express statute of limitations for conspiracy charges, the general five-year limitation for non-capital offenses applies. (78) The five-year limitation period also applies to the conspiracy provisions of other federal statutes, unless they expressly provide otherwise. ''
2 Answers from Attorneys
Re: Statute of Limitations / Computer Related
I believe that generally you are correct but that doesn't mean that you were not indicted but unarrested or that you won't be arrested even if you are later cleared due to the Statute of Limitations. You might also have to look to see if any of the SOL tolling statutes exist that might again make you eligable for prosecution.
Your best shot is to sit with an attorney and let him give you some definative answers. You will sleep better.
Good Luck.
Re: Statute of Limitations / Computer Related
I believe that generally you are correct but that doesn't mean that you were not indicted but unarrested or that you won't be arrested even if you are later cleared due to the Statute of Limitations. You might also have to look to see if any of the SOL tolling statutes exist that might again make you eligable for prosecution.
Your best shot is to sit with an attorney and let him give you some definative answers. You will sleep better.
Good Luck.
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