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Question pertains to any statute of limitations. How can

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Question pertains to any statute...
Question pertains to any statute of limitations. How for back can military continue to prosecute an old offense. Posed this question before but somehow we did not get process completed.
Submitted: 2 years ago.Category: Criminal Law
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Answered in 1 minute by:
8/13/2015
Criminal Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Criminal Law
Satisfied Customers: 19,344
Experience: Criminal law experience in both JAG and the civilian sector.
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That depends on the offense. For many offenses, there is a 5 year statute of limitations in the UCMJ, so for a court martial there would be a 5 year statute of limitations. However, for other offenses, there is no statute of limitations at all. So again, it depends on the offense. Things like murder or sexual assault have no statute of limitations, while theft does.

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Customer reply replied 2 years ago
What about something like improper conduct more than 40 years old? What is the likelihood of prosecution?
Criminal Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Improper conduct doesn't really mean anything to me, because it is not an actual crime. Many things could fit into that term.

If the improper conduct was sexual assault, rape, murder, child molestation, kidnapping or if the person has been AWOL the entire time (that time doesn't count against the Statute of Limitations).

Now, whether or not the military would actually charge someone depends on who finds out about the issue and whether or not that person wants to go through the trouble getting the approval to bring the person back on orders. It is not common at all...in fact, it is very rarely done.

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