Q: What is the statue of limitations on a 4th degree burglary and mal. Destruction of property over 1000 in state of MD.??
A: Although both are misdemeanors, because each one carries the possibility of prison in the penitentiary, there is no statute of limitations and the crimes may be prosecuted at any time. The only exception is if the date of the alleged offenses predate the 2001 amendments to the Code that changed the limitations period, which used to be one year for all misdemeanors. Since 2001, the one year limitation period only applies to misdemeanors that do not carry the possibility of jail. There are a few exceptions but they are specifically spelled out as part of the offense (e.g., misdemeanor theft has a two year limitations period). The two offenses you have identified do not have such specific limitations. You can always raise a Constitutional speedy trial defense, or prejudice as the result of undue delay in the commencement of the prosecution that has compromised your ability to mount a defense (necessary witnesses have moved, died or have faded memories, etc.), but unless the prosecutor is at fault for not bringing charges sooner, these defenses may fail. If the reason you were not previously charged is because you successfully evaded detection all these years, then arguing prejudice will likely not avail you.
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