Leader

Collapse

Announcement

Collapse
No announcement yet.

time limitations on prosecution.

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • time limitations on prosecution.

    If someone would commit:
    IC 35-43-1-2 Criminal mischief
    What is the time limitation on punishing for that offense, both civil and criminal.

    Is there a reference somewhere for limitations for this stuff?
    Last edited by Kcamsdog; 11-08-2003, 10:15 PM.

  • #2
    Same question for juveniles too.

    Same question for juveniles too.

    Thanks.

    Comment


    • #3
      In Texas you'd refer to the Code of Criminal Procedures, but you aren't talking about Texas.

      What state are you referring to?

      Comment


      • #4
        Oh bleh, sorry/

        That is Indiana.

        Comment


        • #5
          reply to kcam's question of time limitations on prosecution

          In response to your question of time limitations on prosecution for Criminal Mischief:

          You mentioned it is a class d felony. Generally speaking, most felony charges can be pursued up to seven years.

          Misdemeanors are usually about 1 year.

          petty offenses...about 6 months.

          However, the period of limitations as a general rule, do not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

          This means, the accused can not expect to move to another state, and then wait for say seven years, and then return to the state, and be free from prosecution.

          As far as civil limitations...not sure about that. Civil law is a whole other ball game. Criminal charges are completely different. Most places, criminal evidence is not permitted in a civil case...but it depends on the state inwhich you live.

          If you asking on your behalf or the behalf of a friend or family member, I would advise ...to get specific answers to your questions, go to your State's official web site and look up the Criminal Code or State Statutes. Most states now have their codes or statutes on their web site which you can down load. Also, check out your local library, or call legal aid, or public defender's office for information regarding the criminal charge.

          As far as Civil issues, you can try local legal aid hot line, or call attorney...most will at least meet with you for free to discuss the case in general and advise you.

          For other legal questions and help, there is a great web site:

          www.FindLaw.com

          Don't know if I have helped you any, but if you would like to contact me, feel free to email me at [email protected].

          Comment


          • #6
            Ah well....

            I am getting closer. I found this in the Indiana Code:

            IC 34-11-2-4
            Injury or forfeiture of penalty actions
            Sec. 4. An action for:
            (1) injury to person or character,
            (2) injury to personal property; or
            (3) a forfeiture of penalty given by statute;
            must be commenced within two (2) years after the cause of action accrues.
            As added by P.L.1-1998, SEC.6.


            That would appear to be the pertaining civil limitation. Correct?

            Comment


            • #7
              sounds like it may be the law re: civil limitations.

              but, I am not certain. The terminology makes me think what you found is the civil law...I would have to actually look at the code to know. Usually in the State Statutes or Code...you should be able to find a section for "criminal and traffic codes" or something worded similar for the criminal law.
              Last edited by stillwater; 11-03-2003, 01:51 AM.

              Comment


              • #8
                reply to question of limitations

                I will be signing off for tonight...but, as I stated before...if this is something you are researching for yourself or a family member or friend..be sure that you seek help either through a legal hotline, or public defender's office, and be sure you know the charges and their definition under the State Statutes or Codes. It is important to know and understand the law, so that if you or a family member or friend are standing in a court room ...they can be prepared.

                Good luck.

                If I can help you further researching state codes, or something like that, I'd be happy to help you research that...but, as I said, be sure that you seek help from people that know the law there in your state. I'm just offering what I know of the law, in general terms, from what I've covered in college. Each state is a little different.

                Comment


                • #9
                  Here is your answer, for the criminal side:

                  IC 35-41-4-2
                  Periods of limitation
                  Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
                  (1) within five (5) years after the commission of a Class B, Class C, or Class D felony; or
                  (2) within two (2) years after the commission of a misdemeanor

                  Should not differ for juveniles.

                  What did you do?
                  Do your best, do what is right

                  Comment


                  • #10
                    Keep in mind, anything you do to avoid getting caught (changing your name, moving, etc.) generally "tolls" (stops) the clock. So the 5 years could be longer if you assume a false name, lie to the police about your identity, etc. That allows for prosicution if you try to go "undercover".
                    "A man who has nothing which he cares about more than he does about his personal safety is a miserable creature who has no chance of being free, unless made and kept so by the existing of better men than himself."
                    John Stuart Mill

                    Comment


                    • #11
                      In England & Wales there is generally no time limit in repect of prosecuting indictable offences (those that can be tried by a judge and jury). Summary offences i.e. those that can only be tried summarily by a magistrates(s)limitation of proceedings is generally 6 months from the date the offence was committed. However as always there are exceptions.

                      Civil actions are usually time barred after 6 years.



                      Lobster.

                      Comment


                      • #12
                        Thanks

                        Thanks
                        Last edited by Kcamsdog; 11-18-2003, 11:14 PM.

                        Comment


                        • #13
                          Re: Thanks

                          Originally posted by Kcamsdog
                          I am still going to talk to an attorney, but I am much more confident about talking to the investigator about it. I am pretty sure he will say it isn't a huge deal anyway. I was just young and had my head up my rear.
                          The fact that the statute of limitations might be up on the crime doesn't mean that it will be looked upon any differently by your prospective employer.

                          Comment


                          • #14
                            Just to add to what PatrickM98 said, the fact that you were not caught may turn out to be a worse situation for you to get hired than had you been caught. If you committed this act and got caught, you can turn around to the agency you are applying to today and say you were young, stupid, paid the your debt to society, maybe made amends with the victim, and learned from it. We all do dumb things things as kids. But with this situation, you have to tell them you committed a felony and just didn't get caught.

                            I am no expert, but I would think a LE agency would look more favorably on the former situtation than the latter. Your background check is for an LEO job is as much about character as it is actual criminal past.

                            Have you ever made amends to the person who's property you damaged? If you did, that might help.

                            Comment


                            • #15
                              Originally posted by Nit Lion
                              Just to add to what PatrickM98 said, the fact that you were not caught may turn out to be a worse situation for you to get hired than had you been caught. If you committed this act and got caught, you can turn around to the agency you are applying to today and say you were young, stupid, paid the your debt to society, maybe made amends with the victim, and learned from it. We all do dumb things things as kids. But with this situation, you have to tell them you committed a felony and just didn't get caught.

                              I am no expert, but I would think a LE agency would look more favorably on the former situtation than the latter. Your background check is for an LEO job is as much about character as it is actual criminal past.

                              Have you ever made amends to the person who's property you damaged? If you did, that might help.
                              My charactor now is like I said night and day different. And I can only hope that they are understanding that kids do stupid s**t.
                              Last edited by Kcamsdog; 11-08-2003, 10:13 PM.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 1717 users online. 114 members and 1603 guests.

                              Most users ever online was 158,966 at 05:57 AM on 01-16-2021.

                              Welcome Ad

                              Collapse
                              Working...
                              X