If a case status says criminal court bindover, is there a statue of limitations for them to prosecute?
Answers (1)
John P. Cauley
Answered On Dec 14, 2010
That is a difficult question to answer. When a criminal court refers to a case as "bind over" it tells me that the defendant was arrested and formally put on notice of the charge. From that point a delay in presenting the case to the grand jury and any resulting delay in a trial are due process/speedy trial issues -- not "statute of limitations" issues. To have a charge dismissed on due process grounds is extremely rare. The test requires that the defendant prove (1) that the delay caused substantial prejudice to the defendant's right to a fair trial, and (2) that the delay was an intentional device to gain a tactical advantage over the accused. No small task. But -- to answer the question, no statute of limitation but the government can't wait forever without having to explain the delay.
