Like all states, Indiana has a number of statutes of limitations that limit when a crime can be prosecuted. These time limits — called statutes of limitations — apply to both criminal and civil cases.
These time limits are outlined in Indiana Code 35-41-4-2 and 34-11-2-7 for debt, personal injury, certain contracts, and other matters of law.
Murder
The statute of limitations in Indiana plays a pivotal role in the legal landscape, setting a window within which a plaintiff may pursue a claim or the prosecution can seek justice. However, it can be difficult to understand the nuances of this important legal principle and how it applies to criminal cases, especially when multiple exceptions apply to various offenses.
In Indiana, criminal statutes of limitations vary by crime category and, in some instances, by individual circumstances. For example, murder and Level 3 felonies generally have no statute of limitations, while other sex crimes and some fraud-related offenses have different time periods. As a general rule, the prosecution has one or two years to file charges for misdemeanors and felony crimes, depending on the category of the offense and its severity. Once the applicable time period passes, the prosecutor is barred from filing charges unless statutory exceptions apply.
For instance, the statute of limitations does not run while a defendant is absent from the state or conceals themselves to avoid arrest and/or prosecution for a crime. The law also allows prosecutors extra time to charge certain sex crimes committed against children and offenses that involve forgery, fraud, breach of fiduciary duty, bribery, misconduct in public office, or theft of property.
Moreover, the statute of limitations does not run when a person is a minor or commits a crime during their employment. Lastly, the statute of limitations is suspended if the alleged offender pleads guilty to an offense.
As the above examples illustrate, the complexities of statutes of limitations make it essential for individuals to seek out an experienced criminal defense attorney. An attorney from Keffer Hirschauer LLP can help you understand how these rules apply to your specific case and assist you in raising a strong affirmative defense against criminal charges.
If you are facing criminal charges in Indiana, contact an Indianapolis criminal defense attorney at Keffer Hirschauer LLP today to schedule a consultation. The firm’s criminal defense team is highly skilled and possesses an in-depth understanding of the laws of Indiana, including the statutes of limitations for various crimes.
Sex Crimes
When it comes to sex crimes, Indiana law is especially strict. According to the law, anyone who commits a sexual assault or offense against another person could face a prison sentence of up to 16 years. Thankfully, there are many different defenses to these crimes that could help an accused person avoid jail time.
In addition to sexual misconduct with a minor, the state of Indiana also criminalizes sexual abuse against children, sexual trafficking of adults, and certain types of pornography. It is crucial to seek legal representation as soon as possible if you’re being charged with any type of sex crime in Indiana. A knowledgeable attorney can examine your case and determine the best defense strategy to pursue.
For example, if you’re being charged with rape, one of the most common defenses is that you acted in good faith and did not know what you were doing was wrong. You could also argue that you were not the person who committed the sex crime or that the victim did not consent to your actions.
A good lawyer will also consider whether you can use a constitutional right to privacy to argue that the prosecutor has failed to provide sufficient evidence for their charges.
Some sex crimes require the prosecution to bring the charges within a certain amount of time, such as when someone dies or the crime is committed against a child. In those cases, the statute of limitations will restart when new information is uncovered, such as DNA evidence or a video recording of the offense.
The age of consent in Indiana is 16. Under what’s known as the Romeo and Juliet law, teenagers may engage in consensual sexual activity with other teens if they are both around the same age and are involved in an ongoing personal or romantic relationship. Before the law was changed, a high school junior could have been charged with statutory rape if they had sex with a high school freshman.
There are also certain crimes where the statute of limitations doesn’t apply, such as when a person is not a usual or public resident of the state and if they conceal their identity so that they can’t be arrested. In addition, the statute of limitations doesn’t apply if a person is an elected official who is accused of embezzlement, bribery, or criminal state income tax violations.
Fraud
A fraudster is someone who attempts to use dishonest means, whether illegally taking cash or falsifying expenses on an expense report, to gain unfair financial advantage. They are often motivated by a need to solve a financial problem that they cannot solve using legitimate methods. The pressure to solve the financial problem can be personal or professional and may stem from an underlying mental disorder or addiction. Seeing an opportunity to make money quickly and avoid detection by the authorities is also a common motivation for fraudulent activity.
Unlike in civil actions, criminal cases have certain time limits, called statutes of limitations, which determine when the government can file charges against a suspect. A knowledgeable Indiana criminal defense attorney can help a client determine when the statute of limitations expires and if there are any exceptions that would extend the period for filing charges.
The state’s felony laws set different deadlines depending on the crime, but Level 3 felonies generally have a five-year statute of limitations. There are also exceptions for crimes committed when the victim is a minor and for violations of a fiduciary duty, fraud or breach of trust, misuse of public monies, and official misconduct.
For example, the statute of limitations on asbestos-related lung cancer doesn’t start until the victim reaches age 18. This is because victims of toxic exposure are usually not aware of the injury they have sustained until years later. For this reason, it is important to consult with a qualified Indiana lawyer as soon as possible after an injury.
If the prosecutor fails to initiate a case within the required time limit, it is considered a waiver, and the statute of limitations has expired. However, the statute of limitations does not apply if the prosecution cannot complete the case due to errors, irregularities in the investigation, or other reasons beyond its control. In these situations, the prosecution can refile the charges within 90 days without running afoul of the statute of limitations.
The statutes of limitations don’t always apply if the accused is not a usual or public resident of the state, if they conceal themselves to prevent prosecution, or if evidence that could have been discovered was destroyed or lost. Also, the statute of limitations doesn’t begin to run on a murder offense or Class A and B felonies if forensic DNA evidence is not available.
White-Collar Crimes
A person arrested in Indiana may be asked a series of questions by police as part of the process of gathering evidence. While the situation may differ from case to case, it’s generally wise for a suspect to remain silent until they can consult with an attorney. When people are charged with a criminal offense, they often have the right to have their case heard by a judge or jury. However, there are various elements to the case that must be taken into consideration, including whether or not a statute of limitations has passed and whether or not an individual has been prosecuted in the past for that particular crime.
In general, a statute of limitations is a set amount of time that passes after an offense occurs. The court may dismiss the charges if a prosecution is brought after the statute of limitations has run out. For this reason, it’s crucial for anyone who has been accused of a crime to have an experienced Indiana criminal defense lawyer on their side.
The state’s statute of limitations for both misdemeanor and felony offenses can be found in Indiana Code 34-11-2. This chapter of the law outlines the time period for filing lawsuits regarding matters like debt, child support obligations, recovery of certain costs, employment-related actions, and other issues.
A variety of factors can delay or extend the statute of limitations for specific crimes, including when a victim might be particularly scared to report an offense when DNA evidence is collected and preserved when a person is not usually or publicly resident within the state, and certain cases of misconduct in public office.
An Indianapolis attorney at Keffer Hirschauer LLP can help individuals who are facing charges that may have been filed after the statute of limitations has passed. Our team comprehensively understands Indiana’s statute of limitations laws and can help you raise an affirmative defense to prevent your charges from being dismissed. Contact us today for more information about how we can assist you. We can also provide you with a free initial consultation.