HOW LONG CAN THE STATE WAIT BEFORE THEY CHARGE ME WITH A CRIME?
In many criminal cases, an arrest occurs shortly after the alleged crime has been committed, leading to formal charges and a swift progression through the legal system. However, the process isn’t always so straightforward. Sometimes, there are delays in filing charges for various reasons, leaving individuals wondering, “How long can the State wait before charging me with a crime?”
Several factors can contribute to these delays, including the time it takes for law enforcement to discover the crime, waiting for evidence to be processed (e.g., from a crime lab), or administrative backlog in the prosecutor's office. The statute of limitations plays a critical role in determining how long the State can wait to bring charges against a person.
The answer to this question largely depends on the nature of the crime, the evidence available, and Kansas law.
Who Typically Asks This Question?
People who find themselves asking how long the State can wait to charge them with a crime generally fall into one of the following categories:
Currently in Custody:
You have been arrested for a crime and are sitting in custody, waiting for the prosecutor's office to formally charge you so you can post bond and be released.Released Pending Charges:
You have been arrested, but you were released from custody pending charges, and you’re unsure how long you have to wait for the case to be filed or whether charges will be filed at all.Unaware or Not Arrested:
You have not been arrested, but you suspect that you might be accused of a crime or are under investigation, and you want to know how long before you are "in the clear" or if you can still be charged.
Understanding the Statute of Limitations
The statute of limitations sets a time limit on how long the State has to charge someone with a crime. Once the statute of limitations expires, the State loses the legal authority to prosecute the alleged crime. In Kansas, the statute of limitations varies based on the type of crime committed. Most crimes have a five-year limit, but there are several important exceptions where the time frame is extended or, in some cases, eliminated.
Crimes With No Statute of Limitations in Kansas
Certain serious crimes in Kansas are not bound by a statute of limitations, meaning the State can charge you at any time after the crime is committed. These include:
Rape: There is no time limit for prosecuting cases of rape, regardless of when the crime occurred.
Aggravated Criminal Sodomy: Like rape, there is no statute of limitations for this offense.
Murder: All forms of murder, including first-degree and second-degree, can be prosecuted at any point in the future.
Terrorism or Weapons of Mass Destruction: Crimes involving terrorism or illegal use of weapons of mass destruction are not subject to any time limit.
Crimes With a Longer Statute of Limitations
Other crimes have a longer statute of limitations, beyond the typical five years. For example:
Crimes involving the Kansas Public Employees Retirement System (KPERS): The statute of limitations is extended to 10 years.
Certain sexually motivated crimes: If the victim is under the age of 18, the State has up to 10 years after the victim turns 18 to file charges. Additionally, if DNA evidence conclusively identifies a suspect, the State has one year from that identification to file charges, whichever is later.
Tolling of the Statute of Limitations
In some situations, the statute of limitations can be paused or tolled, meaning the clock stops running temporarily. This often happens in cases where the defendant is unavailable for prosecution. Under Kansas law, the statute of limitations does not run during any period when:
The accused is absent from the state.
The accused is concealed within the state and cannot be served with legal process.
The fact of the crime is concealed, such as in fraud cases where the crime was deliberately hidden.
There is an ongoing prosecution for the same conduct, even if the original charges are dismissed or quashed.
An administrative agency is restrained by a court order from investigating criminal conduct.
In cases where the victim was a child under 15 at the time of the offense, special rules apply. If factors like the child's age or parental authority prevented the child from reporting the crime, the statute of limitations may be tolled until the child is capable of disclosing the offense. This exception is often applied to sexually motivated crimes against minors.
When Is an Offense Considered Committed?
The statute of limitations begins to run when the crime is considered committed, which occurs when all the elements of the offense have taken place. In continuous or ongoing offenses, the clock starts when the course of conduct ends, or the defendant's participation in the crime concludes.
For example, in a fraud case where fraudulent activity occurs over time, the statute may begin when the fraudulent scheme is completed or discovered.
When Is a Prosecution Considered Commenced?
A prosecution is deemed to have commenced when one of the following occurs:
A complaint or information is filed.
An indictment is returned by a grand jury.
A warrant related to the case is issued and delivered to law enforcement for execution.
It’s important to note that the prosecution must take steps to serve the warrant in a timely manner. If the State does not execute the warrant without unreasonable delay, the prosecution may not be considered as having properly commenced.
Exceptions and Special Cases
Sexual Crimes Involving Minors
For sexually motivated crimes against minors, the statute of limitations is extended:
The State has 10 years after the victim turns 18 to bring charges.
If DNA evidence conclusively identifies the perpetrator, the State has one year from the time of DNA identification to file charges, whichever is later.
This extended timeframe recognizes the difficulties child victims often face in coming forward and reporting sexual crimes, especially when they are under the influence or control of a trusted adult.
Concealment of Crime
If the fact of the crime is concealed—meaning there is deliberate action to hide the occurrence of the crime—the statute of limitations may not begin to run until the crime is discovered. This is common in cases of fraud, embezzlement, or other crimes where the offender actively conceals their conduct to avoid detection.
What Should You Do if You Are Awaiting Charges?
If you find yourself in a situation where you have not yet been charged but are expecting charges or are under investigation, it is essential to remain vigilant and seek legal guidance. Here are some steps to consider:
Consult with an attorney: Whether you’ve been arrested or not, speaking with a defense attorney can help you understand the potential charges you might face and the applicable statute of limitations.
Stay informed: Make sure you’re aware of the status of your case and the timeline within which the State can file charges.
Remain accessible: Avoid leaving the state or taking actions that could lead to the tolling of the statute of limitations. Doing so could delay the resolution of your case.
Conclusion: How Long Can the State Wait to Charge You With a Crime?
In Kansas, the statute of limitations generally gives the State five years to file charges for most crimes. However, certain serious offenses, such as rape, murder, and terrorism, have no statute of limitations, meaning the State can charge you at any time after the crime. There are also cases where the statute is extended or paused, especially for crimes involving minors or when the defendant is hiding from prosecution.
Understanding the time limits for criminal charges is essential, but these deadlines can be complex due to the various exceptions and tolling rules. If you’re concerned about how long the State has to charge you, it’s important to consult with a knowledgeable attorney who can provide advice based on the specifics of your situation.