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Whether you are looking to file a civil suit or are worried about the potential of charges being brought against you, there are laws in place to help facilitate proper due process in a relevant timeframe. Known as the statute of limitations, there are legal time limits for bringing charges against an accused party. If you want to understand the Illinois statute of limitations better, allow Borsberry Law to explain it.
The statute of limitations can apply to two different sets of cases: civil or criminal. In the case of civil suits, they typically include instances of personal injury, destruction of property, collection of debt, breaking of contracts, etc. And while civil laws are important to understand, Borsberry Law deals more with criminal cases in the statute of limitations that apply to potential crimes.
Under Illinois law, here are some of the timeframes of specific crimes when the state can still file charges against you. Section 3-5 of the Illinois Criminal Code outlines the general limitations on the time frame within which criminal prosecutions must commence. Here’s a breakdown:
Unlimited Prosecution Periods
Certain serious crimes can be prosecuted at any time without limitations. These include:
For sexual offenses where DNA evidence is involved, prosecution is unlimited if either:
Limited Prosecution Periods
For other crimes not mentioned above, the law specifies the following time limits:
These time frames can be adjusted if the specific statute of the offense provides a different period or if an extension is warranted by Section 3-6.
In Illinois, if the statute of limitations for felonies is not specified, it is generally three years. This means that legal action must be initiated within three years from the date the felony was committed. However, there are exceptions where the statute of limitations can be extended. For example, Section 3-6 of the Illinois Criminal Code includes provisions that may lengthen this period under certain circumstances. It’s crucial to consult legal professionals for accurate guidance tailored to specific cases, as certain offenses might have different limitations or extensions based on additional statutes and regulations.
Depending on the crime and the period between the comital and accusation, there’s a chance charges can be dropped. The Illinois statute of limitations puts a timeframe for when evidence and testimony are still relevant to the crime committed. The further the time between the filing of charges and the actual crime, the less likely evidence for the case can be reliably used.
If you’re unsure about the statute of limitations related to charges brought against you, Borsberry Law can discuss your options and what can be done for your case. If the Illinois statute of limitations has indeed passed for your crime, our team can assist in having charges dropped. However, if you’re still within the timeframe for your case, count on our legal team to build you a legal defense to reach the best outcome for your case.
For questions regarding the Illinois statute of limitations, trust the advice of Borsberry Law. Or, for additional legal help with cases involving family law, divorces, child custody, DCFS and more, contact us today at
309-869-0794 to set up a free consultation. Our office is located at 203 NE Jefferson St, Peoria, IL 61602.