The U.S. Constitution gives people the right to have a trial without unreasonable delay if they are accused of a crime. This right is important for two main reasons.
First, evidence can get lost, and people can forget details as time passes, so having a trial sooner helps make sure it is fair. Second, it stops the government from keeping a criminal charge hanging over someone’s head forever.
To protect the right to a speedy trial, state and federal governments have set time limits for starting a case after a crime is alleged. These time limits are called statutes of limitations.
In simple terms, statutes of limitations are laws that set deadlines for the federal government to officially charge someone with a crime. If the government misses that deadline, it usually cannot bring the case at all.
Because these deadlines can make or break a case, an experienced federal criminal defense attorney can review the timeline and determine whether the charges should be dismissed.
How Do the Federal Statutes of Limitations Work?
18 U.S.C. § 3282 sets the time limit for most federal crimes that happen in the United States. According to this law, the government usually has five years to file charges. However, if another law says otherwise, it may have a different deadline.
If the government doesn’t file formal charges within five years of the crime happening, the case may be thrown out. But a lot of federal laws have different time limits, and some let the government wait more than five years to file charges.
The defence has to bring up the statute of limitations. This means that the defence has to tell the court that the time limit has passed and ask the judge to throw out the case.
If the defence lawyer doesn’t bring up the statute of limitations before or during the trial, the court may assume it has been given up, and the conviction may still stand. Let’s now talk about the different time limits that apply to certain federal crimes.
Why is the Statute of Limitations Important?
As previously stated, a statute of limitations is a law that sets a time limit for bringing a criminal charge or filing a lawsuit, like in a case of personal injury. The time limit usually starts on the day the crime was said to have happened.
If someone is suspected of a federal crime, prosecutors must file charges within the set time limit. If they miss that deadline, the defendant can ask the court to dismiss the case.
Knowing how long this time limit lasts and how to use it as a defense can be very important for anyone facing federal charges.
The Standard Federal Statute of Limitations
In most cases, the time limit for federal crimes that do not carry the death penalty is five years from the date the alleged crime happened. This rule is found in U.S. Code Title 18, Section 3282.
This five-year time limit applies to most non-violent federal crimes and to any offense where no different deadline is listed.
The law, 18 U.S.C. § 3282, says that unless another law sets a different rule, a person cannot be charged, tried, or punished for a non-capital federal crime unless the government files the indictment within five years after the crime was committed.
The words “except as otherwise expressly provided by law” are important because they mean there are exceptions to this general five-year rule.
In simple terms, some federal crimes have a longer time limit than five years. In some situations, the clock can also be paused or extended. And for certain very serious crimes, there is no time limit at all.
Subsection (b), called the DNA Profile Indictment rule, says that for certain sex crimes under Chapter 109A, if the suspect’s identity is unknown, the indictment can describe the person by their DNA profile instead of by name.
A “DNA profile” is the specific DNA markers used to identify a person.
Which Federal Crimes Have Extended Statutes of Limitations?
Federal law gives the government more time to file charges for certain crimes. These longer deadlines may apply because the crime is very serious or because prosecutors need extra time to gather evidence and prepare the case.
There are far too many exceptions to list them all here, but some common examples of crimes that have longer time limits include:
Six-Year Time Limit:
- Federal tax evasion: 6 years
- Failure to file a tax return: 6 years
Seven-Year Time Limit:
- Major fraud against the federal government involving $1 million or more: 7 years
Eight-Year Time Limit:
- Certain non-violent federal terrorism offenses: 8 years
Ten-Year Time Limit:
- Mail fraud: 10 years
- Wire fraud: 10 years
- Bank fraud: 10 years
- Conspiracy to commit certain federal crimes: 10 years
- Embezzlement from a federal financial institution: 10 years
- Receiving illegal gifts connected to bank loans: 10 years
- Falsifying bank records: 10 years
- Certain immigration crimes: 10 years
- Arson: 10 years
Twenty-Year Time Limit:
- Theft of major artwork: 20 years
What Federal Crimes Have No Statute of Limitations?
Some very serious or violent federal crimes can be charged at any time. There is no deadline for bringing these cases. These include:
- Federal sex crimes involving a minor
- Any federal crime that carries the death penalty (called a capital offense)
- Acts of terrorism that cause death or serious bodily injury
Suspension or Extension of the Statutes of Limitations
Sometimes the five-year time limit can be paused or extended. For example, if a person leaves the country or goes into hiding to avoid being charged, the time limit may stop running until that person is caught or comes back under U.S. authority.
The time limit can also be paused in cases that involve DNA evidence until there is a DNA match. It may also be extended if prosecutors need to get important evidence from another country.
How Can the Statute of Limitations Be Used as an Affirmative Defense?
Even if the time limit has passed, prosecutors may still try to file charges. That has happened before. But if they do, you can raise the statute of limitations as a defense and ask the court to dismiss the case because it was filed too late.
This can be especially helpful when a case has dragged on for years, evidence is missing or destroyed, or key witnesses are no longer available to testify.
To use the statute of limitations as a defense, your lawyer must take certain steps:
- Your lawyer must tell the court before the trial begins that the time limit has already expired. If this issue isn’t brought to light before the trial starts, the court might not accept it later.
- Your lawyer must show that the government filed the charges after the legal deadline had already passed. In other words, too much time went by between when the alleged crime happened and when the case was filed.
Handling federal criminal cases takes strong legal knowledge and experience. It also requires a clear commitment to protect the rights of people accused of crimes by the federal government.
Our trusted federal criminal defense attorneys have decades of experience and know how to spot problems in a federal indictment, including whether the time limit has already expired.
Talk to a Federal Criminal Defense Attorney Today
Federal charges are serious, and deadlines can make a big difference in your case. You should not try to handle this on your own.
Call Aaron L. Wiley Law, P.C. at (254) 566-3860 or fill out our online contact form to speak with an experienced federal criminal defense attorney about your situation.