Statute of Limitations for Criminal Cases in Illinois

Each state has its own laws that govern how long a state has to begin a criminal case after a crime has been committed. Some crimes, such as murder, do not have any statute of limitations. It does not matter how long the gap is between the commission of the crime and the gathering of the necessary evidence.

Crimes for which there is no statute of limitation include:

• Murder: including attempted first degree murder and second degree murder
• Involuntary manslaughter
• Leaving the scene of an accident
• Certain sex crimes

Generally speaking for Illinois, however, there is a limit of three years after the commission of a felony by which a prosecutor must file charges. As for misdemeanors, a prosecutor has six months to one year within which to start the case. For instance, if a prosecutor tries to file charges a year after a certain misdemeanor was committed, the defendant could ask to have the case dismissed because the charges were filed too late.

Of course, that is highly general. Certain crimes have far more specific deadlines, often longer ones. If a great deal of time has passed, witnesses' memories may not be as clear, and evidence less certain, making the chances for a prosecutor to file a mistaken charge that much greater.

Unsure if you could face potential charges? If it is possible that a charge could be perceived as within the correct deadline, then this means you could still need legal defense. You cannot afford to be without a strong advocate on your side if you face a criminal charge in Illinois.

You need to know what your legal options and possible defenses are. Schedule your free consultation with our Chicago criminal attorney today when you call the Law Offices of Michael P. Schmiege.