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Statute of Limitations – Denver and El Paso County Lawyer | Limitations Period in Criminal Cases

| Aug 24, 2016 | Statute of Limitations |

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Statute of Limitations for Criminal Charges in Denver and Across Colorado

In Denver, El Paso County and across Colorado, there is a specific time period in which the District Attorney and police have to begin a prosecution. This time period is known as the statute of limitations. Not every crime in Colorado has a statute of limitations. For the crimes that do, however, the time period varies based on the type of crime. Below you will find a list of some of the limitations for commencing criminal proceedings and juvenile delinquency proceedings in Colorado. There are always exceptions to these general rules, so give us a call to learn whether your specific limitations of actions period has expired or not.  Read about Forgery and the Statute of Limitations.

Statute of Limitations for Crimes and Criminal Offenses in Arapahoe and Adams County, Colorado

Below are some of the following crimes that do or do not have a statute of limitations in Arapahoe and Adams County, Colorado, according to C.R.S. 16-5-401:

Statute of Limitations No Statute of Limitations
Vehicular Homicide – 5 year statute of limitations Murder
Leaving the Scene of an Accident that resulted in the death of a person – 5 year statute of limitations Kidnapping
Other felonies – 3 year statute of limitations Treason
Misdemeanors – 18 months limitations of actions Any sex offense against a child
Class 1 and 2 misdemeanor traffic offenses – 1 year limitations of actions Any forgery regardless of the penalty provided
Petty offenses – 6 month statute of limitations Attempt, Conspiracy, or Solicitation to Commit Murder
Leaving the Scene of an Accident that resulted in the death of a person and Vehicular Homicide, if committed together – 10 year statute of limitations Attempt, Conspiracy, or Solicitation to Commit Kidnapping
Sexual Assault or Sexual Exploitation of a Child, except under certain circumstances – 10 years limitations of actions Attempt, Conspiracy, or Solicitation to Commit Treason
Unlawful Sexual Contact when victim is under 15 years old – 3 years and 6 months statute of limitations Attempt, Conspiracy, or Solicitation to Commit Any Sex Offense Against a Child
Criminal Attempt, Conspiracy, or Solicitation to Commit Unlawful Sexual Contact when victim is under 15 years old – 3 years and 6 months statute of limitations Attempt, Conspiracy, or Solicitation to Commit Any Forgery Regardless of the Penalty Provided

Those listed above are only some of the crimes which do or do not have a statute of limitations or limitations of actions, in Colorado. There are numerous other crimes which have a separate statute of limitations, and they should be discussed further with a knowledgeable criminal defense lawyer. There are many specifics involved in determining whether crimes have a statute of limitations or not, which is why consulting the expertise of an Arapahoe County criminal lawyer is vital.

Statute of Limitations Criminal Lawyer in Douglas County: Purpose of Limitations of Actions

The purpose behind the Statute of Limitations, or Limitations of Actions, in Douglas County and across Colorado is to make sure fair trials are held and men and women are fairly charged. If too much time passes in a criminal case, for example, evidence can be lost, changed or become too difficult to use in someone’s defense. This makes it difficult for both the prosecutor and criminal defense lawyer to do their jobs well – but mainly prejudices the defense. The time limits are in place to balance prosecuting more serious offenses with making sure a person does not face pending criminal charges for an indefinite period of time. The result of this law is that after the time limit passes for crimes which have a statute of limitations, prosecutors can no longer prosecute you. Of course, this is never a reason to confess or brag, since another jurisdiction (federal or city) may pick up the case and prosecute you. Another option they might have is to charge you with something else, where the statute of limitations has not expired.

Statute of Limitations Attorney in Jefferson County: Call with Your Questions

If you have more questions about crimes which do or do not have a statute of limitations in Jefferson County or anywhere else in Colorado, call the best criminal defense attorneys at the O’Malley Law Office today. Our knowledgeable defense lawyers know how to get cases dismissed under circumstances where the statute of limitations period is questioned. We work hard for the best possible outcome for your criminal case. Call us today to set up a free initial consultation and protect your future.

If you have been charged with a crime and have questions about the Statute of Limitations, or Limitations of Actions in Colorado, be smart, exercise your right to remain silent and call our criminal defense lawyers at 303-731-0719. Together, we can protect your future.

Image Credit: FreeDigitalPhotos.net – Kittisak