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Maryland Criminal Law: Understanding The Statute of Limitations Defense


If you are arrested and prosecuted for a crime in Maryland, you are constitutionally entitled to have an attorney defend you against the prosecution, conviction, and sentencing. In any given case, many possible defenses might be availabl,e including innocence, alibi, mistaken identity, police procedure violations, and more. Because there are so many possible criminal defenses, if you have been arrested in St. Mary’s County, Maryland, for an alleged crime, you need to consult with experienced Maryland criminal defense attorneys. The legal training and depth of legal knowledge are the essential foundation of fighting to obtain a “not guilty” verdict and of keeping you out of jail. If you have been arrested and charged with a crime in St. Mary’s County, contact us here at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. We are available around the clock, 24/7, and have offices in Waldorf, Maryland.

What is a Statute of Limitations?

Generally, a “Statute of Limitations” is a legally established deadline for filing a lawsuit or bringing a criminal prosecution. For example, in civil law, a Maryland car accident case must be filed within three years of the accident. These deadlines are treated very seriously, and missing the deadline—by even one day—means that no case can ever be filed.

In Maryland criminal law, for some crimes, there are also Statutes of Limitations. These are strict deadlines by which prosecutors must file their criminal cases. If the deadline is missed — even by one day — no criminal charges can be filed. Charges and case dismissed!!

Does every Maryland crime have a Statute of Limitations?

No. The criminal Statutes of Limitations tend to be provided for only misdemeanor crimes. And, indeed, most serious crimes — felony crimes — do not have a Statute of Limitations. However, there are some surprising exceptions. The general statute that provides various Statutes of Limitations for crimes is found at Md. Courts & Jud. Proc. Code, §5–106. Subsection (a), for example, provides that “… a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed,” except where the possible punishment could include time in a Maryland penitentiary. Then, there is no Statute of Limitation. It should be noted that there are other statutes of limitation scattered throughout the Maryland Criminal Code. This is, again, why it is important to have a Maryland criminal attorney by your side.

What is the Maryland Criminal Statute of Limitations?

The Statute of Limitations is different for many types of crimes. As just mentioned, for a standard misdemeanor crime, the Statute of Limitations is one year. For some low-level theft crimes, the Statute of Limitations is two years. A few other examples (Md. Courts & Jud. Proc. Code, §5–106(ff – ii) include:

  • Three-year Statute of Limitations for the prosecution of the crime of solicitation to commit murder in the first degree
  • Five years for the prosecution of the crime of sexual extortion
  • 10 years for the prosecution of the crime of stalking

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.

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