In Larimer County and throughout Colorado, almost all criminal cases are subject to a statute of limitations. What this means is that whenever a crime takes place and a suspect hasn’t already been apprehended, the District Attorney only has a certain amount of time to file charges. For less serious offenses, the statute of limitations can be short. For more serious cases, however – such as Murder or sexual offenses against children – there is no statute of limitations. Keep reading as our top criminal defense lawyers discuss the statute of limitations in Colorado, and why you should hire an attorney even if you haven’t yet been charged with a crime:
1. What is the Statute of Limitations at the Larimer County Courts?
At the Larimer County Courts, the statute of limitations in a criminal case refers to the time that the District Attorney has to file charges. When a crime has been committed, but law enforcement does not have a suspect, the clock starts ticking. Law enforcement must apprehend the suspect and the District Attorney must then file charges against that person before time runs out. If this does not take place, the statute of limitations runs out, and the DA cannot file charges against another person for that crime. This is for several reasons, such as preserving the integrity of any evidence and witnesses.
2. How Long is the Statute of Limitations for Fort Collins Criminal Offenses?
The length of the statute of limitations for a criminal offense committed in Fort Collins depends on the offense. According to C.R.S. 16-5-401, the statute of limitations for different crimes is as follows:
Classification of Crime |
Statute of Limitations |
| Petty offense | 6 months |
| Class 1 / class 2 traffic misdemeanor | 1 year |
| Misdemeanor | 18 months |
| Felony, except for those listed below | 3 years |
|
5 years |
Any of the following offenses, including any attempt, conspiracy, or solicitation to commit the following:
|
No statute of limitations – these offenses can still be prosecuted years or even decades after the offense takes place. |
The table above provides a broad overview only, and there are several exceptions. For example, with several crimes – such as Theft – the clock starts ticking only when the crime is discovered, not when it actually occurred.
3. I Haven’t Been Charged with a Crime – Do I Need a Larimer County Lawyer?
If you haven’t been charged with a crime, but believe it is likely that you will be imminently charged, hiring a Larimer County lawyer is one of the best things you can do to help your case. A top criminal defense lawyer can begin preparing a defense on your behalf as soon as he is retained. He can also advise you as to the possible consequences you could face if you are charged and later convicted. Don’t wait until you are charged to seek out the best criminal defense lawyer. Call us today so that you can have the best outcome possible in your case well before you ever step foot into a courtroom.
Do you believe you may soon be charged with a crime? Be smart, and exercise your right to stay silent. Even if you haven’t yet been charged with a crime, talking to law enforcement will only hurt you in the long run. Then call 970-658-0007 to talk about your case with a top criminal defense lawyer at the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Krivec Ales