Understanding the Criminal Justice System
The statute of limitations is the common name for a specific period of time after which a person cannot be prosecuted for a crime. They have their origins in ancient Greece and Rome, and exist because, as time passes, witness memories fade, and evidence becomes harder to find, making it less likely that the defendant will receive a fair trial.
In Indiana, for example, misdemeanors have a two-year statute of limitations from the date of the alleged offense. That means if someone commits a misdemeanor and they are not charged with a crime within two years of the date they committed it, they cannot be charged. A number of lower-level felonies have a five-year limitations period.
For some very serious crimes, however, there is no statute of limitations. In these cases, the Indiana legislature has determined that the severity of the criminal act outweighs the concerns about witness memories and stale evidence. This is why you will sometimes read about “cold case” murders being solved and a defendant being charged with the crime after twenty or thirty years have passed.
Here are some of the crimes that the Indiana legislature has determined should have no limitations period. A person who commits any of these can be prosecuted, no matter how much time has passed:
It’s also important to understand that limitations periods for lower-level crimes can sometimes be extended if the accused has taken steps to flee the state or to conceal evidence.
If you are accused of committing any type of crime, you need a strong defense. Even a misdemeanor conviction can follow you around for years and make your life more difficult. This goes double or triple for felony convictions as well, which can result in years or decades of prison time.
But prosecutors have a high bar when it comes to convicting defendants. They must convince a jury of the defendant’s guilt “beyond a reasonable doubt.” And police and prosecutors are not infallible. They often make mistakes that violate the defendant’s rights and lead to unfair prosecutions.
You need an experienced criminal defense attorney on your side if you have been accused of any type of crime, especially a serious one. Razumich & Associates has that experience. We know the laws and procedures that apply in both state and federal courts in Indiana. Our attorneys understand how prosecutors and judges think, and we will fight for your rights from day one. Call us at 317-983-5333 or fill out our contact form so we can schedule a consultation to review your case and let you know how we will help.
