Q: My friend just got charged with burglary class 2 felony. The crime was 5 years ago January.
They just charged him a week ago. About 1 year after the crime they got a warrant for his DNA and received it. But since its past 4 years since the crime can they still charge him. Even though the status of limitations is 3 years? Or because they got his Dna and started the procedure within the 3 years can he be charged? This is in colorado
A:
As a general rule, you are correct the statute of limitations for most felonies is 3 years. However, the period can be extended for up to 5 years (in addition to the normal statute of limitations) if the person left the state. There are also a few other potential situations in which the tolling period can be extended.
Since your friend will have an attorney (either private or public defender), the statute of limitations issue should be discussed with them.
A:
This is a complex area of the law - I will do my best to answer it given the limited facts of your question. - In Colorado the general rule for felony crimes is three years from the date of the discovery of the crime. If the warrant that issued was based on probable cause (including a request for DNA) - but - even without the DNA request - IF there was "PC" to arrest him.. and that warrant remained active - even if charges were not filed - there is no valid claim under the statute of limitations. .
The law can be found at 16-5-401CRS
An active warrant for an arrest - based on probable cause and signed by a judge "tolls" - that is - stops the running of the statute of limitations - whether the person is found and arrested on the warrant or not..
See also see Mr. Shultz's answer as to the addition of 5 years when the person is out of state.
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