Does a Prosecutor Have a Time Limit to Issue Criminal Charges?

It's only natural to have many questions if you or someone you love or care about is under investigation for a crime in Alabama. If you have a question about how long an Alabama prosecutor has to file criminal charges against you, you've come to the right place. 

Below, we'll discuss the time limits (or lack of time limits) prosecutors have to issue criminal charges. We'll discuss what you need to know because the answer to this common question isn't simple, as there are many factors affecting when a prosecutor can charge you. 

To give you an idea of the time limit a prosecutor has to issue criminal charges, we'll discuss various statutes of limitations in Alabama. The statute of limitations is the period of time prosecutors have to seek a felony indictment or file charges against you. 

You should always speak with a Montgomery attorney from the Law Office of Richard F. Matthews, Jr. about your specific case and how we might help defend against your charges.

What Exactly Is A Statute Of Limitations?

Essentially, the statute of limitations is a time limit put in place to prevent police and prosecutors from sitting on criminal charges for lengthy periods of time. Statutes of limitations are also applicable to those wanting to file lawsuits, and like civil cases where a judge can throw out a lawsuit if a plaintiff waits too long to file a case, a criminal case can also be thrown out if it is filed too late. 

Does Every Crime Have A Statute Of Limitations?

Every crime does not have a statute of limitations in Alabama. Even if more than 10, 20, or 30 years have passed since the crime occurred, a prosecutor can still file charges for certain offenses. 

Below are some of the criminal offenses that don't have a statute of limitations in Alabama:

• Felonies that involve death or serious physical injury. 
• Capital offenses. 
• Felonies that involve the attempted use or use or threat of violence against a person.
• Felony arson offenses.
• Sex offenses involving someone younger than 16 years old. 
• Felony drug trafficking offenses. 
• Felony forgery offenses. 
• Felony counterfeiting

You can speak with our attorneys for a more extensive list of criminal offenses not bound by a time limit. 

How Long Does An Alabama Prosecutor Have To File Criminal Charges?

How long prosecutors have to file criminal charges depends on the crime. Yet there are general limits. For example, prosecutors usually have five years to file criminal charges for felony offenses and one year for misdemeanors. 

Below are a few examples of time limits for certain crimes in Alabama that prosecutors have to abide by. Yet you should also note that court rulings can affect the interpretation of the law and that exceptions and legislative changes could occur. 

• Theft of public revenue: A prosecutor must file charges within six years of the crime being committed. 
• Unlawfully taking or using someone else's property temporarily: A prosecutor must file charges within 30 days of the offense occurring.
• Theft of more than $500 (felony): A prosecutor must file charges within five years of the crime being committed.
• Theft of less than $500 (misdemeanor): A prosecutor must file charges within one year of the crime being committed. 

Contact A Montgomery Criminal Defense Attorney Today To Discuss Your Case

It's evident that having criminal charges brought against you can be a difficult time. That's why it's always best to speak with a Montgomery attorney who knows the ins and outs of the crime you are being accused of committing.

Our team at the Law Office of Richard F. Matthews Jr. has experience handling many criminal cases and the knowledge and skills needed to help you navigate criminal charges. So get in contact with us today, and we will help you.