Orlando, FL asked in Criminal Law for Indiana

Q: If I was charged with a crime 6 years ago for theft does the statute of limitation of 5 years terminate those charges?

In December of 2014 and January of 2015 I caught the charges and then came to Florida before I was sentence or to go to the court does the statue of limitation of 5 years drop those charges?

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1 Lawyer Answer
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: The Statute of Limitations (SoL) controls when the state has to file the charges. So from the offense date to the filing date cannot be more than 5 years on most felonies. Therefore, if you were charged within the 5 years, but have not gone to court the SoL will not terminate the charges. However, if you went to court and nothing has happened in many years, and you have not requested continuances, and no warrant was issued, Criminal Rule 4 may apply. You should consult with an attorney near where your charges are pending.

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