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Lucy, Esq.
Lucy, Esq., Attorney
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In the state of massachusetts once a person is arrested how

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In the state of massachusetts once a person is arrested how long does the state have to bring charges ?
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My name is XXXXX XXXXX I'd be happy to answer your questions today.

Is the offense a misdemeanor or a felony?
Customer: replied 3 years ago.

It was a felony that occured a long time ago and charges were brought against after 8 months.

Thank you.

The statute of limitations for most felonies in Massachusetts is six years. It's 10 years for robbery or assault with intent to rob or murder, 15 years for rape, and 27 years for sex crimes against children. There is no statute of limitations on murder. G. L. c. 277, Section 63.

Typically, once taking someone into custody, the state must either file charges and take them before the judge for an arraignment within 48 hours or release them. But a person who is released without charges can still be arrested and charged any time before the statute of limitations expires. A person who was held in jail for 8 months without ever being taken before the judge may have a claim for damages against the state, unless he was being held on something like a parole or probation violation and not the felony itself.

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Customer: replied 3 years ago.

ok thanks. While incarcerated I was arrested.and a resulting probation violation occured. However, the conditions of probation were"on and after I serve my sentence then i would be subject to probation conditions and violations not before I finished. In other words I was not on probation while incarcerated sevring a "before and then"(not sure of terminology)


 


So as it relates to the original question; does the statute of limitations change if arrested and then incarcerated? in other words does the clock start ticking the moment one is being held especially if the that person shouldnt have been held due to an illegal or improper probation and would habeous corpus come into play ?


 


 


The statute of limitations never changes. A lot of people get confused by what the statute of limitations means, but it only applies to the amount of time the state has to bring charges against someone. It starts ticking when the crime occurs and stops ticking when charges are filed or the accused person leaves the state for an extended period of time.

You're asking how long they can hold you without taking you before a judge who has established probable cause, which is a separate issue. It has nothing to do with the term statute of limitations.

If you're being held on a probation violation, unfortunately, the judge has discretion to order you held until the hearing on that violation. This is similar to the way he can order a person charged with a crime held until trial, even if guilt hasn't been proven yet.

Habeas corpus is a request to be released from custody. It is only filed by or on behalf of prisoners. But if you are saying they held you unlawfully because you did not violate probation and they did not file any charges against you or take you in front of the judge for an arraignment and bail hearing, then you may want to talk to a local criminal attorney about whether you can file a civil rights suit against the state.