The Statute of Limitations in Illinois sets time limits for filing criminal charges. A defendant can seek dismissal of a case if it’s brought too late, due to the statute of limitations. This is because eyewitness testimony and physical evidence can become less accurate over time.
The law mandates that criminal suits must be filed within a few years of the alleged incident to ensure the best possible accuracy of evidence. If the statute of limitations has expired, the case may not proceed, and the charges may be dismissed.
How Long Before a Claim In Illinois Expires?
In criminal cases, the government typically has limited time to file charges before the statute of limitations expires. If the prosecution files charges against you, but you don’t realize it until after the deadline has passed, you might ask the court to drop the charges.
Most states, including Illinois, have extended limitation periods for severe offenses. For some, like murder and sexual violence, there is no statute of limitations. The prosecution is given additional time to file a case when the limitation period is “ticketed” (delayed).
These statutes were enacted to encourage people to file lawsuits while information was still readily available. Additionally, they keep the “prospect” of litigation from lingering permanently. The Illinois civil statute of limitations for injuries to persons is two years. Still, for damages to assets, it is five years.
Also Check: Statute of Limitations On Debt In Texas
Statute of Limitations Illinois
- Many exemptions to the limitation period are included in the Illinois Civil Code. The time limit on filing a felony suit, for instance, may be prolonged in exceptional circumstances. In the following cases, the statute of limitations does not apply:
- To the extent that the criminal leave Illinois. In the minds of some, “waiting out the clock” is a foolproof way to evade criminal charges and escape from the jurisdiction in which they committed their crime. But that’s not the case; the clock starts ticking again when they set foot back in Illinois.
Illinois Statute of Limitations On Breach of Contract Claims
When the last act in a string of offenses is performed, the clock starts ticking on the statute of limitations.
The ordinary statute of limitations may be extended or shortened for certain offenses. Thefts of over $100,000- or 7-years jail time, abuse of the elderly or disabled has seven years of jail time, and identity theft also seven years of jail time. All fall into this category, as do offenses. This is by no way an all-inclusive list; if you need to verify the statute of limitations that applies to your case, you should consult with a lawyer.
Below is a list of some minor time limits:
- The statute of limitations for potential criminal sexual assault is ten years from the date the victim turns eighteen.
- The statute of limitations in cases involving child trafficking, abuse, or obscenity ends at the earliest three years after the crime and no later than one year after the juvenile reaches 18.
There is no time restriction on prosecution for sexual harassment, reckless endangerment, opportunistic attack, physical molestation, or criminal physical molestation of a juvenile.
Defenses of Illinois consumer fraud act statute of limitations
Placement of Boundaries
Statutes of limitations in civil prosecutions exist to shield would-be victims from unfair prosecution. It’s not right to penalize somebody for actions that occurred in the past, and it’s tougher to mount a defense when there’s been a long delay. In most cases, felony convictions carry lengthier statutes of limitations than their misdemeanor counterparts. However, several states do not have time limits on prosecution for certain serious offenses like murder. So, even if the claimed crime occurred years ago, the state can still press charges.
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Complicating factors include statutes of limitations. Some offenses have a longer statute of limitations than others within the same category, and vice versa. Another possibility is that the limitation period has run out on one offense but not on another or that the defendant is still being prosecuted in a different country. The entitlement to a criminal proceeding is just one example of how time constraints can play a role in criminal proceedings.
The laws governing time limits are difficult to understand. More than one statute of limitations may be at play if the same behavior is the ground for several unsubstantiated allegations. Suppose you need help determining whether or not a statute of limitations applies to your case. In that case, you should speak with an experienced lawyer in your region.
Also Read: Statute of Limitations Georgia
When Does the Statute of Limitations Start?
The statute of limitations begins to run from the date of the first default on the debt, not from the date the agreement was made. Even though you and the debtor signed a written agreement ten years ago, the borrower can still be sued for the debt if they ceased making payments less than that amount of time ago.
What does “toll” mean in Illinois’ statute of limitations?
When the time restriction for filing a lawsuit has expired, the defendant is usually free from liability. However, statutes of limitations can be “tolled” or temporarily suspended so that additional time can be used for prosecution in some instances. Suppose the statute of limitations is five years, but the suspect goes into hiding for a year, during which time the statute is tolled. In that case, the prosecution may have up to six years from the date of the crime to bring charges.
What are the Statutes of Limitations of Illinois for Felonies and Misdemeanors?
Like many other states, Illinois has statutes of limitations on various crimes. There is a generic statute of limitations that applies to crimes that are not explicitly mentioned in the statute. Felonies typically carry a maximum sentence of three years, whereas misdemeanors carry a maximum of one year and six months.
What are the Statutes of Limitations of Illinois for Child Pornography and Prostitution Crimes?
One year after the victim becomes 18, but no earlier than three years only after the offense, for offenses involving child porn or severe child pornography. One year after the complainant becomes 18, but no sooner than three years after the offense if the crime was indecent solicitation or exploitation of a kid.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.