Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan

Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five years, as stated in 18 U.S.C. § 3282(a):

"Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed."

There are some exceptions to this five-year rule for certain types of crimes, such as terrorism, fraud, and crimes against children, which may have longer statutes of limitations or no statute of limitations at all.

It's important to note that the VRRA provides certain rights to crime victims in the federal criminal justice system, but it does not necessarily create a private cause of action for victims to sue in civil court. The Act primarily deals with victims' rights within the context of the prosecution of federal crimes.

If you believe your rights under the VRRA have been violated, you should consult with an attorney familiar with federal criminal law and victims' rights to determine what legal recourse, if any, may be available to you and what specific statutes of limitations might apply to your situation.

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