Criminal Cases and the Statute of Limitations, C.R.S. 16-5-401 – Douglas County
Across Douglas County and in Parker and Castle Rock, every criminal case has a specified period in which the District Attorney and police must begin their prosecution. This is called the statute of limitations or limitation for commencing criminal prosecutions. The time period depends on the type of crime. Some crimes have no statute of limitations, which makes a defense lawyer’s role much harder. The time period begins once upon discovery of the criminal act or the delinquent act. Let’s take a look at the general classes of crimes and their limitations period. Read about forgery and the statute of limitations.
Statute of Limitations of Crimes in Arapahoe and Denver County, Colorado
· Murder – No statute of limitations
· Kidnapping – No time limit to prosecute
· Treason – No statute of limitations
· Any sex offense against a child / children -time limit to prosecute
· Forgery – No statute of limitations
· Attempt, conspiracy or solicitation to commit murder – no time limit to prosecute
· Attempt, conspiracy or solicitation to commit Kidnapping – No statute of limitations
· Attempt, conspiracy or solicitation to commit Treason – No time limit to prosecute
· Attempt, conspiracy or solicitation to commit any sexual assault on a child – No statute of limitations
· Attempt, conspiracy or solicitation to commit forgery – No time limit to prosecute
· Vehicular Homicide – five year limit to prosecute / Limitations of Actions
· Leaving the Scene of an Accident with the death of a person – five year statute of limitations / Limitations of Actions
· Any other felony or felonies not mentioned above – three year time period to prosecute / Limitations of Actions
· Misdemeanors – eighteen months time period to file a case / Limitations of Actions
· Class 1 and class 2 misdemeanor traffic offenses one year statute to file a case / Limitations of Actions
· Petty offenses – six months Limitations of Actions
· There are many other, miscellaneous crimes with a different statute of limitations periods which are too numerous to mention here
Why We Have a Statute of Limitations / Limitations of Actions Time Period to Commence a Criminal Prosecution in Adams and Jefferson County
Colorado has a Statute of Limitations / Limitations of Actions Time Period listed at C.R.S. 16-5-401 in order to ensure that people are not unfairly charged with a crime after evidence of the crime has disappeared. This would make it very difficult to defend a person. Unfortunately, with many crimes, the government has said, “we don’t care” if you can’t defend yourself. Adams County and Jefferson County District Attorneys often practice law this way, charging men and women with crimes many years after witnesses have died or DNA evidence is washed away. In some cases, the time period is tolled if a defendant has left the state of Colorado.
Our criminal defense lawyers know ways to avoid or get cases dismissed when the applicable statute of limitations or limitations of actions period is questioned. For the best defense, never answer questions for the police, who are trying to get information to prosecute you. Next, call our defense attorneys at 303-731-0719. Together, we can protect your future.
Image Credit: Pixabay – Mdesigns