MOTIONS TO DISMISS THE INDICTMENT: STATUTES OF LIMITATION

When facing criminal charges, it's essential to understand the statutes of limitation that apply to your case. A statute of limitation is a law that sets a time limit for when an indictment can be returned or an information filed. Failure to meet this deadline can result in the dismissal of the indictment.

In cases where the prosecution seeks to dismiss an indictment due to limitations, counsel must determine whether the five-year statute of limitation has expired before the indictment was returned. As the U.S. Supreme Court has held, criminal statutes of limitation are to be liberally interpreted in favor of repose. This means that courts construe these laws in favor of defendants.

There is a ten-year statute of limitations for certain offenses listed under Title 18 United States Code, section 3293. However, this statute does not apply to causing or aiding and abetting an offense under Title 18 United States Code, section 2. Instead, it applies specifically to conspiracies to commit the listed offenses.

Title 18 United States Code, section 3282 sets a five-year statute of limitations for most non-capital offenses. This means that most cases must be charged within five years after the offense was committed.

When determining whether an indictment should be dismissed due to limitations, counsel should consider the following:

* The date of the indictment

* The expiration of the applicable statute of limitation

* Whether the prosecution has met its burden of showing that the indictment was returned or information filed within the allotted time frame

In conclusion, understanding statutes of limitation is crucial in determining whether a motion to dismiss an indictment is meritorious. By carefully analyzing the relevant laws and deadlines, counsel can help their clients navigate this complex legal issue.

Motion to dismiss criminal