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Mount Holly Criminal Lawyer Reviews New Jersey Statute of Limitations for Criminal Charges

January 19, 2016

Mount Holly Criminal Lawyer Reviews New Jersey Statute of Limitations for Criminal Charges

Each state has its own statute of limitations in which to formally charge an individual with a crime. The statute of limitations preserves the integrity of evidence which may include physical evidence or witness testimony, and to ensure that suspects are charged within a reasonable time frame of the committed crime. Once the statute of limitations has expired, the suspect is free from prosecution for the crime.

The charges of murder or manslaughter in New Jersey have no statute of limitations. Moreover, the statute does not apply for fleeing and prosecution pending for same conduct. A suspect could be formally charged and face prosecution even if these crimes occurred fifty years ago.

Official misconduct, bribery and related offenses carry a seven year statute of limitations in New Jersey, while other felonies carry a five year statute.  Prosecutors have one year to file formal charges for disorderly persons offenses in New Jersey.

There is an exception to the statute of limitations listed above.  When children under the age of 18 are victims of sexual assault, criminal sexual assault, and/or endangering the welfare of children, the statute of limitations clock does not start until the victim has turned 18. The prosecution then has five years to file formal charges.

It is important to note the statute of limitations can be suspended if the suspect is not meeting certain criteria.  The suspect must remain in the state during the time the statute clock is ticking. The individual must also be gainfully employed and visible.  These conditions are set so the suspect remains catchable.

If the prosecution is not able to bring charges during the time limit, and the suspect is living as a lawful citizen, then they are deemed to be living a reformed life.  However, if the accused is living as a fugitive, either living out of the state or in hiding, the time limit is suspended.  Once the suspect re-enters the state or comes out of hiding, the statute of limitations resumes.

Mount Holly Criminal Lawyer Michele Finizio Is Experienced in Statute of Limitations in New Jersey

If you are facing criminal charges in New Jersey and have questions about the statute of limitations, you need a Mount Holly criminal lawyer with extensive knowledge of New Jersey criminal law. Mount Holly criminal defense lawyers at the Law Offices of Michele Finizio provide knowledgeable criminal defense in New Jersey criminal and juvenile courts.  For a free consultation about your case, call our Moorestown criminal law office today at 856-888-9059 or submit an online inquiryMichele Finizio, Esq. will fight aggressively to protect your rights and represents clients in Cherry Hill, Moorestown and Mount Holly as well as throughout Camden County, Burlington County, Gloucester County and Salem County.

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