Statute of limitations question(s)?

under statute of limitations, if I injure someone and the requisite amount of time passes, (4-5yrs?)
they really Cannot try that case?

Also, what if they wanted to, but were unable to, (Say if someone ran away)
How long, if ever, before cases that cannot be brought to trial expire?

(Or do they sentence you without you being there, to be carried out when/if you resurface?)

Thanks for your time!
Additional Details
Ah, (must be a million unfinished cases)

What if they don't know who to file charges against?

Mark J

It's not quite as simple as that.

In essence, the state has the ability to charge you at any point up until the statute of limitations runs on the case.

So, if you were to injure someone and go undetected (or uncharged, at least) until the statute ran out, then yes, they'd be unable to try you for that offense.

Same goes for the civil courts with a statute of limitations on bringing civil actions.

However, if you were charged at any point before the the statutory period expired, or in rare cases if you were allowed to be indicted as a "John Doe" defendant (on the basis of DNA evidence, for instance) the statute stops running even if you aren't in custody currently.

Likewise, quite a few states have provisions in their code of criminal procedure that tolls (stops) the running of the statute should the defendant leave the state. So, committing a rape in California and then leaving the state wouldn't protect you from being tried 30 years later (if you made it that long) after a warrant came up on a routine traffic stop.

Also, the "what if they wanted to, but were unable to" isn't really applicable as even without you physically in the state or in custody, they are free to bring charges/seek an indictment, in which case the clock stops at that point, much as it does if they only discover your identity after you've left the state.

And yes, it is possible for a defendant to be tried in absentia, but it's incredibly rare due to the appellate issues it raises as well as the fact that most jurists and attorneys aren't comfortable with it because of the whole "right of the accused to confront his accuser" constitutional issue. Typically, an "in absentia" conviction would be seen when a defendant on bail decides a trial is going badly late in the trial and decides to run before the conviction is returned.

Greg M

Statute of limitations applies to when charges are filed.
If you assault a person, and charges are filed. Judge signs a writ of capias. It doesnt matter how long it takes for the service of the writ of capias(the arrest warrant). The charges have been filed. The trial will never expire unless the case is closed (meaning you were found guilty or not guilty or charges were dismissed).

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