Phriends & Phamily Law Blog: How Long Do I Have to Worry About Being Arrested...

Have you ever wondered how long, after you did/were involved in something possibly illegal, the State's Attorney would have to file charges against you? Essentially, if you commit a crime tomorrow, how long do you have to be looking over your shoulder, knowing you could still be arrested, charged, and prosecuted for that/those crime(s)... The answer is, "it depends." Specifically, it depends on the type of crime (misdemeanor or felony) and then what type of crime exactly (for example, murder is a felony which has no statute of limitations, unlike other felonies which do), and finally, if there are any aggravating factors (factors which make the crime "worse" in the eyes of the State) which would extend the statute of limitations. See below for general information ... and then see the link at the bottom for for what can extend Illinois' criminal statute of limitations for certain crimes ... (thank you dear friend who advised me to post this information :) ...

For the vast majority of crimes in Illinois, there is a fixed statute of limitations based solely on the date the crime was committed. For misdemeanors, minor crimes punishable by less than one year in jail, the statute of limitations is one year and six months from the commission of the crime. For felonies, the statute of limitations is three years from the commission of the crime. These are fixed unless the particular crime is limited differently by statute or has extended limitations.

For particularly heinous, horrific or brutal crimes, there is no statute of limitations in
Illinois. This means that you can be charged with this crime forever, from the date of the commission of the crime. The crimes with this designation are first-degree murder, attempt to commit first degree murder, second-degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries, concealment of homicidal death, treason, arson, aggravated arson, forgery, child pornography and aggravated child pornography, under certain conditions.

Exceptions

For some crimes, the legislature realizes that reporting the crime may be difficult for the victims. For these crimes, the clock starts running if the crime is reported within three years of its commission--longer with good reason--or the victim was murdered during the crime or within two years of the crime's commission. The offender's DNA profile must also be obtained within and entered into a database within 10 years of the commission of the offense. This exception involves any offense involving sexual conduct or sexual penetration.

Certain crimes, committed against a minor, carry a different statute of limitations based on the person's age. According to the Illinois Criminal Code of 1961, if you committed criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse or felony criminal sexual abuse, you can be charged within 20 years. If the offense was a misdemeanor, the statute of limitations is 10 years, both limitations commencing after the child attains 18.

For crimes involving theft of a person with whom you have a fiduciary relationship, the statute of limitations is within one year of the discovery of the event or, if the victim is a minor or disabled when it happened, prosecution must begin during the period of minority or disability or within one year of attaining majority. For misconduct of a public official, despite the conviction of several governors for public misconduct, in 2010, Illinois' statute of limitations is only one year after the discovery of the event and not to exceed three years for any reason.