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Understanding the statute of limitations for criminal charges in Illinois is crucial for both the accused and victims. These laws set specific time limits for charges, ensuring that evidence and eyewitness accounts remain as reliable as possible.
To understand your rights and options, consult with the experienced criminal defense attorneys at Schierer & Ritchie LLC. We offer free consultations, so contact us today to discuss the details of your case.
What Is the Statute of Limitations?
The statute of limitations is a legal timeframe within which criminal charges must be filed. If this period expires, the person charged with the crime can request the case be dismissed as untimely. This legal principle ensures that cases are prosecuted while evidence and memories remain fresh.
Time Limits for Filing Charges in Illinois
- Felonies: The statute of limitations for most felonies in Illinois is three years.
- Misdemeanors: The statute of limitations for misdemeanors is 18 months.
Crimes Exempt from the Statute of Limitations
Certain severe crimes in Illinois have no statute of limitations, meaning they can be prosecuted at any time, even decades after the offense. According to Article 3 of the Illinois Criminal Code, these crimes include:
- First-degree murder and attempted first-degree murder
- Second-degree murder
- Involuntary manslaughter and reckless homicide
- Leaving the scene of an accident involving death or personal injury
- Failing to render aid or provide information as required by the Illinois Vehicle Code
- Concealment of homicidal death
- Treason
- Arson and aggravated arson
- Forgery
- Child pornography and aggravated child pornography
- Sexual assault and abuse against children
- Specific sexual offenses under certain conditions, such as:
- The offender’s DNA is entered into the database within 10 years of the offense
- The victim reports the offense to the police within three years
- The victim is murdered during the offense or dies within two years
Exceptions to the Statute of Limitations
Illinois law permits several exceptions that can extend the statute of limitations:
- Offender Leaves the State: If the offender leaves Illinois, the statute of limitations is paused until they return.
- Material Witness on Military Duty: The statute is paused if a key witness is on active military duty or on leave.
- Ongoing Prosecution: If the accused faces prosecution for another instance of the same crime.
- Public Officers: If a public officer is charged with theft of public funds.
- Threatened with Violence: If someone is threatened with violence to obtain information or a confession and is subsequently incarcerated.
- Sexual Assault Evidence: While the State Police are analyzing sexual assault evidence.
- Series of Crimes: For crimes committed over a period, the statute begins when the last crime in the series is committed.
Crimes with Extended or Shortened Statutes of Limitations
Certain crimes have different statutes of limitations:
- Crimes involving over $5,000: 5 years
- Hazardous waste violations: 5 years
- Theft of property over $100,000: 7 years
- Financial exploitation of the elderly and disabled: 7 years
- Identity theft: 7 years
This list is incomplete. Consulting an attorney is essential to confirm your situation’s specific statute of limitations.
Minors, the Disabled, and the Statute of Limitations
When crimes involve minors or legally disabled persons, the statute of limitations may be extended:
- Misdemeanor Criminal Sexual Abuse of a Minor: Expires 10 years after the minor turns 18.
- Child Prostitution, Exploitation, or Pornography: Expires at least one year after the minor turns 18, but no sooner than three years after the offense.
- Felony Criminal Sexual Offenses Against Minors: No statute of limitations for crimes like criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, and aggravated criminal sexual abuse.
Consult with a Peoria Criminal Lawyer
The statute of limitations may affect your case if you’ve been accused of a crime. The criminal statutes of limitations in Illinois are complex and nuanced. To understand your rights and options, consult with the experienced criminal defense attorneys at Schierer & Ritchie LLC. We offer free consultations, so contact us today to discuss the details of your case.