After committing a crime, the accused will stand trial for the offense as charges will be brought against them. These charges often involve the state criminal justice system in Nevada, yet there are also crimes that fall under the federal criminal justice system. These crimes can vary from terrorism, arson, and even theft of artwork. Sometimes, a crime can violate similar state and federal charges. Another instance is where a person’s case could be dismissed in a state courtroom, but then later be charged for the same crime at a federal level.
There is statute of limitations in place when it comes to a person being charged with a state or federal crime. These regulations are in place to ensure that the person is charged in a timely manner that allows the presentation of evidence when it is still available and when memories are still fresh about the event. It also prevents the person from being continually harassed for old crimes or being charged at a time when evidence has become misplaced or destroyed that could have shown their innocence.
The statute of limitations begins from when the alleged crime occurs. There are different time limits set up for federal crimes, as hiring an experienced attorney that deals with federal criminal charges can help a person’s case and ensure their rights are not violated because they are being charged with an old crime.
Federal Statute of Limitations for Non-Capital Offenses
If charged with a standard non capital federal offense, the statute of limitations is for 5 years. This time limit normally impacts most federal crimes, yet there are some that may be longer than this. In fact, federal capital offenses that are punishable by death have an unlimited statute of limitations under the United States Code Title 18, Section 3281. Crimes that are sexual nature that are committed to a minor also have an unlimited statute of limitations.
Non-capital federal offenses that involve acts of terrorism have an 8-year statute of limitations. Types of charges that fall under this statute include assaults against diplomats, violent crimes against congress people, maritime violence, carrying a firearm on an aircraft, and airport violence.
A person can be charged with a federal crime within 10 years if they commit any of the following offenses:
- Embezzlement of funds from a financial institution
- Using fraudulent immigration papers
People may have a 20-year statute of limitations if they commit a crime for stealing major artwork. Other statutes of limitations are criminal contempt that is for 1 year, failure to file a tax return is 6 years, and tax evasion is 6 years.
Extension and Suspension of Statute of Limitations
For some crimes that would normally carry a standard 5-year statute of limitations, the time frame may be extended or suspended. This extension and suspension can occur for cases such as wartime fraud that is directly against the government, child abuse cases, and when assets from an estate have been hidden in bankruptcy. The statute of limitations may also be extended or suspended if the charges involve a fugitive, if there is DNA evidence or foreign evidence that needs to be gathered, or if there was a dismissal of the original charges.
Understanding Your Rights for Federal Charges
Federal charges are a serious matter than can impact a person’s rights. If you have been charged with a federal crime, you want to ensure that you can present evidence that shows your innocence. In addition, an attorney can make sure that you are not charged for a crime that has already expired under the stated federal statute of limitations. You can contact a criminal defense attorney who is experienced in federal courts and can explain the charges against you.
Here at the law offices of Gabriel L. Grasso, we assist people in the Las Vegas, Nevada area who have been charged with a federal crime. We provide a free consultation as we can go over the details of your case and help you to decide on the best course of action to take to protect your rights. Contact our office today to speak with our legal team.