Seeking someone that is well aware with the law?
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Seeking someone that is well aware with the law?
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I am a student trying to practice law and i have come across
a scenario i do not fully understand regarding statues of limitations.
Statute of limitation : A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.
Question 1: Does all cases extend (left open) to the maximum statute of limitation?
Example: Case 1 = 4 yrs, Case 2 = 3yrs.
Will both cases be open till the full length of the time period?
Question 2: In the following case of where a vehicle is stolen.
The vehicle is later recovered but the perpetrator is not.
when the authorities say they have no choice but to close the case after a
a couple of months or X amount of time.
does that mean the case can no longer be opened?
In this scenario does the statute of limitation no longer apply?
Thank you for your feedback in advance.
Additional Details
so In a criminal case even after the authorities state that the case is closed due to not enough evidence can in-fact be re-opened so long as it is within the SOL?
but i was under the impression that witnesses memories fade and evidence collected then are no longer accurate as time goes.
To my understanding when a criminal case closes for whichever reason, lack of evidence or just unsolved the evidence for example a bat or knife is discarded.
so long as the case being reviewed upon isn't a class A felony in which there is no SOL.
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trooper3316
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Yes, a case will remain open until the statute of limitations is reached. There is no reason to close it any sooner. If there is more than one crime involved, and they have different limitations, the case will remain open until all the crimes have reached their limitations.
In your case of the stolen car, recovering the property is not enough, you need to identify the perpetrator. The case can still remain open even after the car is recovered, but because legal proceedings were not initiated, the statute of limitations is still in effect. |
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orchard_littlejoe
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Intersting. But what many courts do is "overlay" the statue with subsequent or relevent charges that due not apply to any time limit. This in turn kind of leaves the case always open.
Tricky, eh? |
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zaphod73@att.net
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1. A statute of limitations is applied to a particular offense and vary from offense to offense; so, it all depends on what type of case it is...plus, the statute does not run through the prosecution of a case, its a deadline to start a case...the case can take forever and as long as it was filed before the statute ran, it's fine.
2. They can certainly close a criminal matter if there is little to no evidence to keep it open but it can be reopened (as long as the statute has not run) if new evidence pops up along the way that can be used to prosecute someone. |
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