Can Randolph criminal defense attorneys explain the statute of limitations for felony crimes? Of course!
When someone commits a crime, there is usually a certain amount of time from the time the crime was committed and that it can be prosecuted.
This is called a statute of limitations. While most crimes have a limit on the time that can pass between when the crime was committed and when it is prosecuted, it may surprise you to know that there is not a statute of limitations for felony crimes in North Carolina. If you have committed a crime and are unsure if it is barred by a statute of limitations, you should contact a Randolph criminal defense lawyer today for more information.
For example, if you commit a misdemeanor crime, you must be charged with the crime within two years of the date of the crime committed. The same rule does not apply to felons.
So, if you commit a felony larceny, you can be charged with that no matter how many years pass from the time you committed the crime.
Because the Constitution only guarantees a speedy trial, there is only a limit on purposeful or oppressive delays between the date of the committed crime and the date that the prosecution starts. Therefore, if the delay is neither purposeful nor oppressive, you can be charged with a felony at any point after you committed it. In determining whether a delay was oppressive, a court may consider whether the delay prejudiced the conduct of the defendant’s defense. If you are unsure of whether a delay in the charges of your felony was oppressive, you should contact a Randolph criminal defense lawyer.
Even though there is no statute of limitations for felony crimes in North Carolina, you should refer to a criminal defense attorney to always make sure that your Fifth Amendment rights are not imposed upon. The Law Offices of Garrett, Walker, Aycoth and Olson can assist you with your criminal case! Call at 336-379-0539 today; we are here to help!
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Talk to a Greensboro criminal defense lawyer today
Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.