Criminal Defense Lawyers

Why Is the Statute of Limitations Crucial in New York?

Why Is the Statute of Limitations Crucial in New York?

Introduction

If you or a loved one has been accused of a crime in New York, one of the first things you need to understand is the statute of limitations. This legal concept sets a time limit for prosecutors to file criminal charges against a suspect. Once that time limit passes, charges can no longer be filed, even if there is significant evidence of wrongdoing.At Spodek Law Group, we know how important the statute of limitations can be in criminal cases. With our skilled attorneys on your side, we’ll make sure this crucial deadline is not overlooked in your defense strategy. Our phone number is 212-300-5196 – don’t hesitate to call us anytime for a free consultation.

What is the Statute of Limitations?

The statute of limitations is a law that sets the maximum time period in which legal proceedings can be initiated after an alleged offense. The purpose is to ensure that convictions occur only upon evidence that has not deteriorated with time.In New York, the statute of limitations for most felonies is five years. But for some serious crimes like murder, kidnapping, arson and rape, there is NO statute of limitations – charges can be brought at any time. For misdemeanors, the statute of limitations is generally two years.Here is a quick overview of some common crimes and their statutes of limitations in New York:

It’s important to note that the clock typically starts ticking on these time limits from the date the alleged crime occurred. However, in some cases, the statute can be “tolled” or paused if the suspect is out of state or otherwise evades law enforcement.

Why Does the Statute of Limitations Matter?

For those accused of a crime, the statute of limitations can be a powerful defense tool. If charges are not filed before time runs out, then you are essentially immune from prosecution for that offense. This is true even if you are arrested years later and there is overwhelming evidence against you.Of course, prosecutors are well aware of these deadlines and will work diligently to file charges before the statute of limitations expires in important cases. At Spodek Law Group, we carefully examine the timeline in every criminal matter to determine if this is a viable defense strategy. In some situations, we may even be able to get charges dismissed if we can show the statute of limitations has already passed.On the other hand, the statute of limitations can also work against defendants in some ways. For instance, let’s say you are charged with a serious felony offense but strongly believe you have been wrongfully accused. You may want to go to trial immediately to clear your name.However, prosecutors could intentionally drag out the process, knowing the statute of limitations gives them several years to prepare their case against you. This extended timeline can be very stressful and disruptive to your life, even if you are ultimately exonerated.

Exceptions to the Statute of Limitations

While the statute of limitations applies to most crimes, there are some important exceptions to keep in mind:

DNA Evidence

If DNA evidence emerges that identifies a suspect after the original statute of limitations has expired, prosecutors may still be able to file charges. For sexual assault cases, New York eliminated the statute of limitations completely in 2019 if DNA links a suspect to the crime.

Crimes Against Children

New York also makes exceptions for many sexual offenses committed against minors. For example, there is now no statute of limitations for criminal cases involving child sexual abuse. In 2019, New York also opened a one-year “lookback window” that allowed adult survivors of child sexual abuse to file civil lawsuits against their abusers, regardless of how long ago the crime occurred.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Financial Crimes

Some financial crimes like tax evasion and fraud also have longer statutes of limitations than the typical five years for felonies. For instance, criminal tax fraud has a six year statute of limitations at the federal level. Prosecutors may also have more time to file charges if the alleged fraud involved a financial institution.

Tolling of the Statute

As mentioned above, the statute of limitations can be paused or “tolled” in some situations. Some common reasons for tolling include:

• The suspect flees the state or country to avoid prosecution
• The suspect is already facing charges for another crime
• The victim is a minor at the time of the alleged offense
• The victim is mentally or physically unable to report the crime

If any of these circumstances apply, the clock on the statute of limitations may be temporarily stopped, giving prosecutors more time to eventually file charges.

How Spodek Law Group Can Help

At Spodek Law Group, we have a deep understanding of New York’s statutes of limitations and how they apply to different criminal offenses. We know that every case is unique, and we’ll work tirelessly to build the strongest possible defense on your behalf.When you hire our firm, here are some of the ways we’ll put our knowledge of the statute of limitations to work in your case:

Carefully Evaluating the Timeline

One of the first things we’ll do is examine the alleged dates of the offense and determine how much time prosecutors have to file charges under the relevant statute of limitations. We’ll also look for any exceptions that may apply in your case.If we determine that the statute of limitations has already expired or is close to expiring, we’ll immediately raise this issue with prosecutors and the court. Our goal will be to get the case dismissed as soon as possible so you can move on with your life.

Negotiating with Prosecutors

In some cases, we may be able to use the statute of limitations as a bargaining chip in plea negotiations. For instance, if prosecutors are up against a looming deadline to file charges, they may be more willing to offer a favorable plea deal to resolve the case quickly.Our experienced attorneys have a track record of success in negotiating with prosecutors to get charges reduced or dismissed. We’ll use every tool at our disposal, including the statute of limitations, to secure the best possible outcome in your case.

Defending You at Trial

If your case does go to trial, you can count on Spodek Law Group to provide the aggressive defense you need. We’ll challenge every aspect of the prosecution’s case, from the evidence to the witnesses to the timeline of events.If there are any issues related to the statute of limitations, we’ll make sure the jury is aware of them. We’ll argue forcefully for your acquittal and work tirelessly to protect your rights and freedom.

Conclusion

Don’t let New York’s statute of limitations catch you off guard if you are facing criminal charges. These deadlines can have a major impact on your case, and it’s crucial to have an experienced attorney who understands how to use them to your advantage.At Spodek Law Group, we have the knowledge and skills to navigate these complex legal issues. Our team of top-rated New York criminal defense lawyers will leave no stone unturned in fighting for your rights.If you or a loved one has been accused of a crime, the clock may already be ticking on the statute of limitations. Contact us today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free and confidential consultation. With Spodek Law Group on your side, you can feel confident that you have the strongest possible defense against criminal charges.