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rvlaw
rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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The Statute of limitations for perjury in the state of Colorado

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The Statute of limitations for perjury in the state of Colorado is apparently three years. However I read in a news article recently that this SOL begins once the crime is "discovered". The excerpt in question reads: "Colorado law sets a statute of limitations for a perjury prosecution at three years after the commission of the crime. The law allows for the clock to start running after the crime has been discovered"

Here is the news article itself (excerpt at top of 4th paragraph): : http://www.9news.com/news/article/197635/222/No-perjury-charges-against-Det-in-Tim-Masters-case

What does it mean by "discovered"? Say someone made a statement to a judge 5 years ago and then just recently it was identified as a falsehood???

Hi and welcome to JA

That's exactly what it means. The 3 years starts running only after the perjury was discovered. This is what is called TOLLING OF THE STATUTE OF LIMITATIONS. I just want to check Colorado law about one thing. Some states have tolling statutes that give the extra time but add that the prosecution must be started:

" :.........but in no event after x years after the crime itself was committed"

rich

Customer: replied 3 years ago.


"Discovered" by whom? By the authorities, as if officially? Say a person who was involved in a case had noticed perjury in an affidavit right away, but then decided to report it three years later. From the person's point of view the perjury was "discovered" three years ago, meanwhile from the authorities' point of view it was "discovered" at a much later time. Which one is it?

First, there is a CO case that the prosecution can take advantage of the tolling but must allege in the indictment the specific date on which the perjury was committed in order to take advantage of the tolling.

Second, I didn't find a case that addresses your second question. You must check with a CO attorney (which JA requires anyway since you and I do NOT have an attorney-client relationship). My feeling is that only a prosecutor can determine if the perjury existed and when.....NOT a private person. On the other hand, the prosecutor may have to explain why he or she didn't discover it sooner.

Please accept my answer and rate it 3, 4 or 5 so I can get credit for assisting you

rich

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Customer: replied 3 years ago.


Hi. Thanks for all the great info.


 


Do you happen to have a reference to that CO case?