If the statute of limitations for my offense was up at midnight but I was arrainged at 12:57 am, was it too late for them to proceed with the charges?

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If the statute of limitations for my offense was up at midnight but I was arrainged at 12:57 am, was it too late for them to proceed with the charges?

Asked on March 2, 2013 under Criminal Law, New York

Answers:

Arkady Bukh / Bukh Law Firm, P.C.

Answered 8 years ago | Contributor

While that is cutting it close, the statute would be tolled when they filed the paperwork and then arrested and arraigned you.  The time of arraignment does not matter in tolling the statute of limitations, the time that the charge was made would be the operable time period. In this case they were within the statute from the facts given. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, no.

1) If you were arraigned at 12:57, then clearly they had already filed the paperwork with the court to bring charges prior to that, so they would have come in under the statute.

2) Even if they missed the statute by an hour, the court has discretion to grant more time--and certainly would where there was only an hour difference.

 


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