Most people have heard of statutes of limitation. For example, in most cases in Arizona you have two years after an accident to file a personal injury lawsuit for damages. But how many people know that these types of statutes – which place limits on how long a case can linger without action – also apply in criminal cases?
In Arizona, criminal statutes of limitation are listed in A.R.S. 13-104. Different time periods apply to different cases, based generally on the level or severity of the offense. For example, for most felonies, a case must be commenced within 7 years after discovery of the offense. (There is no statute of limitations for homicide, violent sexual assault and certain other crimes.) For misdemeanors, the statute is 1 year. And for petty offenses – known in some states as “infractions” – such as minor traffic violations, the time period is 6 months.
While there are exceptions, this means that within the applicable time period, the state. must obtain an indictment (or file an “information,” an official charging document) or file a complaint. If it fails to do so, and no other exception applies, the case cannot proceed against the would-be defendant.
180 Misdemeanor Cases Dropped in Maricopa County
Someone apparently wasn’t keeping track of misdemeanor cases pending in Maricopa County. As a result, 180 cases from last year have been dropped because they were reportedly never assigned to a prosecutor, and no complaint was ever filed on the incidents. The cases include DUI’s, assaults, criminal damage, and domestic violence charges.
Interestingly, the alleged victims of the offenses were provided with a letter earlier this year about the failure to prosecute the cases, but no explanation was provided in the letter for the lack of action, nor did the letters contain an apology.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028