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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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When, if ever, can the statute of limitations be extended.

Resolved Question:

When, if ever, can the statute of limitations be extended. If there's foun to be coverup by police during the statute's term can the statute be extended?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.
Hello,

I am not sure why a defendant would want to extend the statute of limitations, regardless of the reason since the statute of limitations is there to protect the defendant from prosecution past a particular time frame. In any event, below are the circumstances under which the criminal statute of limitations can be extended in Illinois.

 

  • the defendant is not within the State
  • the defendant is a public officer and is charged with theft of public funds while in public office
  • a prosecution or other criminal proceeding is pending against the defendant for the same conduct in another court
  • a material witness is on active military duty or leave
  • the victim of unlawful force or threat of bodily harm is incarcerated and the victim's incarceration is a consequence of unlawful force or threats

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Customer: replied 2 years ago.
It isn't the defendant. Check the Chicago Vanecko-Koshman case. The police have stonewalled the investigators looking into issue of coverup by the police. All the while the statute has run out and now the police say "Sorry, too late". The statute should be extended!!! How can it be?
Expert:  Marsha411JD replied 2 years ago.
Hello again,

I am not sure why you are saying that the statute of limitations has run because for 1st or 2nd degree murder, attempt to commit first degree murder, criminal solicitation to commit murder, involuntary manslaughter, and reckless homicide there is no criminal statute of limitations. If you are talking about a civil lawsuit, then that is an entirely different set of SOL. But since you asked about a criminal charge the two highlighted charges would be what the brief facts I read would arguably fall under and for those, as I mentioned, absolutely no SOL. Meaning charges can be filed 5, 10, 20 or 60, etc, years after the alleged crime.

The items I listed before for the extension of the criminal statute of limitations are the only ways the statute can be extended.
Customer: replied 2 years ago.
I think this would be manslaughter or involuntary manslaughter. No Statute of Limitations there? Charges can be filed now?
Expert:  Marsha411JD replied 2 years ago.
Just on the few facts that I have, the two charges I highlighted would be the ones that would be most obvious and yes, that is correct, no statute of limitations (no time limit) for prosecuting those charges.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17012
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you.

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