In this blog post, I’ll explain what the statute of limitations is, how it applies to felony charges in Illinois, the exceptions that can extend or eliminate these time limits, and what happens if you’re charged after the statutory period has expired. I’ll also discuss real-world examples and why having an experienced criminal defense attorney like myself is crucial if you’re facing a felony charge that may be time-barred.
What Is the Statute of Limitations?
The statute of limitations is a legal time limit that dictates how long prosecutors have to file criminal charges after a crime has occurred. The purpose of these limits is to ensure that cases are prosecuted while evidence is fresh and reliable, and to prevent the indefinite threat of prosecution hanging over someone’s head.
In Illinois, the statutes of limitations for criminal offenses are defined by law under 720 ILCS 5/3-5 and related sections of the Illinois Criminal Code. Each type of offense has its own specific time limit, and for felony offenses, these time frames vary depending on the severity and nature of the crime.
General Statute of Limitations for Felonies in Illinois
In most felony cases in Illinois, the statute of limitations is three years from the date the offense was committed. This means the prosecution must file charges within three years, or the defendant can raise the statute of limitations as a defense to have the case dismissed.
However, there are several exceptions to this general rule.
Felonies With No Statute of Limitations
Illinois law eliminates the statute of limitations for certain serious felony offenses. This means a person can be charged at any time, no matter how many years have passed. These include:
- Murder and attempted murder
- Manslaughter
- Arson (if it caused death or great bodily harm)
- Treason
- Certain sexual offenses involving minors, such as predatory criminal sexual assault of a child
Because there is no time limit on prosecuting these crimes, law enforcement and prosecutors can bring charges decades after the offense occurred if new evidence (such as DNA) comes to light.
Extended Statutes of Limitations for Specific Felonies
For some felony crimes, Illinois law allows extended time limits beyond the standard three years. These include:
- Financial crimes (e.g., identity theft, fraud): statute of limitations may be extended to 7 years from discovery of the offense
- Child pornography or certain sexual offenses involving minors: statute may be extended up to 20 years from when the victim turns 18
- Official misconduct: 1 year after the discovery of the offense, up to a maximum of 6 years
- Certain violent felonies involving DNA evidence: Prosecution may be commenced within 5 years of discovery of the DNA evidence, even if the original statute expired
The discovery rule is particularly important. In cases involving concealed crimes, the clock might start ticking not at the time of the crime but when the offense was discovered or should have reasonably been discovered.
Tolling the Statute of Limitations
Illinois also permits the statute of limitations to be tolled (paused or suspended) in certain circumstances:
- If the defendant is not in the state or conceals themselves to avoid arrest
- If the identity of the accused is unknown, and the crime involved DNA evidence
- In cases involving minors, where the statute may be tolled until the victim turns 18
This means that the time during which the defendant was absent or the victim was underage may not count toward the statute of limitations. Consider it to be a “time out.”
Can You Be Charged With a Felony After the Statute of Limitations Has Expired?
Legally, you should not be charged after the statute of limitations has run out. However, prosecutors sometimes still file charges if they believe an exception applies, or if they believe they can argue that the statute was tolled.
If you are charged with a felony that appears to be outside the limitations period, your attorney can file a motion to dismiss based on the expired statute. However, the burden may fall on the defense to raise the issue and demonstrate that the time limit has indeed passed.
This is why it is essential to have an experienced criminal defense attorney who knows how to properly raise and litigate statute of limitations defenses.
Real-World Examples Where Statute of Limitations Became an Issue
Example 1: Financial Fraud Case A client was charged in DuPage County with felony theft by deception, stemming from a business transaction that occurred more than five years earlier. However, the alleged victim claimed they only discovered the fraud two years ago. Because Illinois allows an extended statute for financial crimes based on the discovery date, the court permitted the case to proceed.
We challenged the timeline, and after reviewing the evidence, we proved that the victim had knowledge of the alleged fraud much earlier. The judge agreed and dismissed the case based on the expired statute of limitations.
Example 2: Sexual Assault Allegation With DNA Evidence In Cook County, a client was charged with criminal sexual assault more than a decade after the incident, based on newly tested DNA evidence. Because the statute of limitations allows prosecution within 5 years of discovering DNA evidence that implicates the defendant, the case was considered timely.
In such cases, challenging the chain of custody and timing of evidence discovery becomes critical.
Example 3: Fleeing the State In a case involving a felony drug offense, the defendant had left Illinois and moved to another state. The prosecution argued that the statute of limitations was tolled due to the defendant’s absence. We were able to prove that the defendant had not been hiding, and had maintained a publicly known address, which led to a reduction of the charges and a favorable plea.
Why You Need a Criminal Defense Lawyer if a Statute of Limitations May Apply
Statute of limitations defenses are highly technical and often misunderstood by those without legal training. Prosecutors will often file charges even if the statute is questionable, putting the burden on the defense to assert and prove the claim.
As an experienced Illinois criminal defense attorney, I have handled countless felony cases where the statute of limitations was a central issue. I know how to:
- Analyze the timeline of the offense and discovery
- Investigate whether any tolling factors apply
- File strategic motions to dismiss
- Argue the issue effectively before a judge
If you’re facing a felony charge in Illinois and believe too much time has passed, do not assume the case will be dismissed automatically. Contact a knowledgeable and aggressive defense lawyer immediately.
Call James Dimeas Today for a Free Consultation
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-33 years of experience handling criminal cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
With over 33 years of experience defending clients in Cook County, DuPage County, Kane County, and throughout the Chicagoland area, I have the knowledge and experience you need on your side. Call now at 847-807-7405 or fill out our online form schedule your consultation.
Additional Blogs:
Do I Need a Lawyer if I Am Innocent, by James G. Dimeas, Chicago Criminal Lawyer Blog, May 12,2021.