Arrest After Statute of Limitations?

[flrancho]

I'm having a hard time finding a clear answer for this question.

If someone has committed a crime, and the statute of limitations has run out and there is no warrant, can they still be arrested/imprisoned/fined for the crime?

[retdetsgt]

No.

[pac201]

No.

Same answer.

[Joeyd6]

Some crime have no statue of limitations!

[Kimble]

That would defeat the purpose of having a statute of limitation in the first place, right?

Statute of limitation = a limitation in enforcement of a given the statute. Once that limitation has expired (i.e. the number of years specifically listed in the law for which an offense can be enforced), by law the statute can't be enforced.

[Ispbear]

Is this still a continuation of your first post?
Is This Criminal Negligence?
You had all the answers there that you needed. If it is, may I suggest seeing a therapist because you have a tendency of obsessing over things.

[Legoate]

The statute of limitations may not apply until the crime is actually discovered.

[GoDirectly2Jail]

I will depart from my brethren and say that you may indeed be arrested. It is up to the department and the prosecutor of the individual locality, whether or not this happens.

The reason for that is because exceeding a statute of limitations is an affirmative defense, and as such, is a point to be raised at a trial. Another example of an affirmative defense is self defense. for instance, in some localities a citizen who shoots an attacker and claims self defense would be arrested and have to defend the assertion at trial. In other localities, the department/prosecutor will decline to file charges and an arrest would not occur.

[scott715us]

The statute of limitations may not apply until the crime is actually discovered.

Bingo

[flrancho]

I've looked, in my state it goes by the date when the crime is comitted.

[scott715us]

I've looked, in my state it goes by the date when the crime is comitted.

The courts have the final say as to whether the statute of limitations apply in each particular case, not what you read on the internet.

If you want to mention the state you're in, I could probably give you a more specific answer. Generally there are exceptions to law/policy when it comes to statute of limitations; discovery of the crime being one of them, the type of crime committed is another.

[Nole795]

I've looked, in my state it goes by the date when the crime is comitted.

If your in Florida, there are several statutes that can be enforced if the aggrieved party or law enforcement discovered the crime after the statute of limitations expired. Normally they have one year from date of discovery to present the case to the prosecution.

Also, there are other statutes that show if a subject is actively committing the same offense, then it is an ongoing pattern of criminal behavior, the prosecution can use the related 'expired' crimes and charge accordingly.

[flrancho]

Yes, I'm in Florida.