What is the Statute of Limitations for Minnesota Criminal Charges?
In recent news, an 80-year-old woman has been arrested for a murder that took place in 1985 in Polk County. This case brings attention to the topic of criminal statutes of limitations, which determine the time frame within which prosecutors can bring charges against an individual. Understanding these limitations is crucial for individuals who are concerned about potential old criminal charges being brought against them. If you are facing serious criminal allegations or charges in Minnesota, even those going back decades, it is critical that you consult with an experienced Minnesota criminal defense attorney.
“We have seen some allegations that literally reach back decades that have been charged that we likely never would have seen years ago, primarily sexual molestation charges.”
No Statute of Limitations
In Minnesota, the statute of limitations varies depending on the type of crime. Some crimes, such as those resulting in the death of the victim, sexual assault of an adult or minor, kidnapping, and labor trafficking of an individual under the age of 18, have no statute of limitations. For these crimes, prosecutors can bring charges at any time, even years or decades later.
A Six Year Statute of Limitations
For certain fraud and theft-based charges, a six-year statute of limitations applies. These charges include labor trafficking of an individual over the age of 18, certain bribery offenses, medical assistance fraud, and medical care/assistance theft.
A Five Year Statute of Limitations
Additionally, there are crimes where a five-year statute of limitations applies. These are crimes that would normally have a three-year statute of limitations, but the value of the stolen property or services typically exceeds $35,000. Examples of these crimes include arson, check forgery (when the value exceeds $35,000), corporate theft (when the value exceeds $35,000), financial exploitation of a vulnerable adult (when the value exceeds $35,000), credit card fraud (when the value exceeds $35,000), false representation (when the value exceeds $35,000), and theft by swindle (when the value exceeds $35,000).
A Three Year Statute of Limitations
For the majority of misdemeanor charges and several felony charges in Minnesota, there is a standard three-year statute of limitations unless specified otherwise.
“The problem with certain allegations is they can sit quietly for decades and then magically come back to life and take everything from you.”
It's important to note that there are certain circumstances that can limit the application of the statute of limitations. These include excluding periods of time when the defendant was not an inhabitant or resident of the state, periods during which the alleged offender participated in a pretrial diversion program, and periods of time when physical evidence related to the offense was undergoing DNA analysis, and the Defense can show that the analysis was purposefully delayed for unfair advantage.
For individuals facing serious criminal charges, especially in cases where the alleged offenses occurred many years ago, it is crucial to have an experienced criminal defense attorney by your side. A skilled attorney can help navigate the complexities of the statute of limitations and craft a strong defense strategy.
Conclusion
Jack Rice, a Board Certified Criminal Law Specialist and former Prosecutor, is the founder of Jack Rice Defense. If you are facing charges or have concerns about potential old charges, seeking a consultation with Jack Rice Defense can provide valuable insight and guidance as you navigate the legal process. Remember, it is important to have an experienced attorney who can help protect your rights and interests. Contact Jack Rice Defense for free confidential consultation or call 651-447-7650 or 612-227-1339.