Can You Be Charged for Something That Happened Months Ago in Connecticut?
Understanding Delayed Criminal Charges in Connecticut
One thing about police investigations is that after an incident happens, police can suddenly contact you, sometimes months or even years after. Even more shocking, you can find out that there is a warrant for your arrest even after significant time has passed since the alleged crime. This uncertainty is why you should understand what’s called the Statute of Limitations.
What Is the Statute of Limitations?
The Statute of Limitations sets the time limit that state’s attorneys have to formally bring charges against an individual for an alleged offense. If that deadline passes, the state’s attorney’s office is unable to charge the individual for that crime. These deadlines actually depend on the type of alleged offense. Here’s how long they have to file charges:
Misdemeanor:
1 year from the date of the offense
Felony:
5 years from the date of the offense (in most situations)
Class A Felony (Ex. murder, aggravated sexual assault, aggravated kidnapping, arson, terrorism, etc.)
No time limit exists. The state can bring charges for these offenses at any time
Some Sexual Assault Offenses:
Depending on the offense, there is no time limit or there may be extended time limits, especially when the victim is a minor
This means that months, or even sometimes years after an alleged offense has taken place, state’s attorneys may still bring charges if the statute for that crime has not expired.
Why Are Charges Delayed?
In many cases, charges being delayed may have to do with complications during the investigation, or difficulty collecting evidence. Some of these reasons could include: delays in gathering witness statements, receiving lab results, or video footage. In some cases, the state’s attorney’s office may need to wait for law enforcement or their own investigators to collect more evidence before proceeding with an arrest warrant. Sometimes a witness or alleged victim may come forward late. Lastly, in cases where forensic testing like DNA is critical, there may be delays with receiving that information due to a backlog of cases in the testing facilities.
When the Statute of Limitations is Paused
In Connecticut, there are certain situations where the time limit is paused, these situations include:
The accused individual flees the state or cannot be located
The accused is already serving a sentence or has pending cases
The case involves minors or in some cases, sexual offenses, where the time limits are extended
What this means is that the ticking clock on the time limit stops and doesn’t continue running until the circumstances change.
What To Do If You Think You Might Be Charged
If you believe you are under investigation, it’s a mistake to believe that just because weeks or months have passed, charges can’t be filed and you can’t be arrested. Until that statute of limitations time period has expired, you can still be charged. It is important to remember that you have the right to remain silent and not speak to law enforcement or engage in interrogations. You have the right to contact an attorney and refuse questioning. It is generally never a good idea to try and call investigators and argue with them or try to convince them that you’re innocent. This is why you have your day in court, and anything you do say to police could be used against you. Another thing that law enforcement may do while investigating someone, is check their social media posts. It is never a good idea to post online about an incident online. Although it may feel good to try and tell your side of the story in this way, it can be used against you. It is also never a good idea to try and contact an alleged victim or witnesses to the incident as this could also be used against you. If you believe you may be under investigation, contact a Connecticut criminal defense attorney to learn more about your rights, check the status of an arrest warrant, communicate with investigators on your behalf, and help you prepare a proactive defense before charges are filed.
