If you are not charged with a crime within 72 hours and are released are you absolutely clear? - Criminal Law Questions and Answers- LawQA.com

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If you are not charged with a crime within 72 hours and are released are you absolutely clear?

Or can the authorities use evidence from arrest anytime in the future they see fit?


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Depending on the type of charges you are looking at, the authorities have from 1 to 3 years to file charges against you.

Answer Applies to: California
Replied: 1/13/2013

Answer By B. Elaine Jones
The Law Office of B. Elaine Jones
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No you are not absolutely clear. There are statutes of limitations for the different levels of crimes. Generally, for a misdemeanor it is 1 year, for a felony it is 5 years. However there are specific crimes that carry longer statutes of limitations as well. But you are definitely not in the clear. If your case is in the Tampa Bay area and you would like further consultation, contact me at the email address or telephone number attached to this response.

Answer Applies to: Florida
Replied: 1/10/2013

The Law Office of Harry E. Hudson, Jr.
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No you are not. Your release was becuse you were not timey brought before the magistrate. DA still has until the statute of limitations runs.

Answer Applies to: California
Replied: 1/10/2013

Answer By Craig Andersen
Andersen Law PLLC
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It only means you were released. You may still be charged any time up to the Statute of Limitations for the crime.

Answer Applies to: Washington
Replied: 1/10/2013

Lawrence Lewis
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The authorities can take their time and develop their case and arrest you later.

Answer Applies to: Georgia
Replied: 1/9/2013

Answer By Landon Ascheman

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You are not in the clear, the State has several years to pursue charges. I would suggest you contact a criminal defense attorney in your area as soon as possible.

Answer Applies to: Minnesota
Replied: 1/9/2013


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The prosecutor can still file charges within the applicable statute of limitations. The 72 hour period is the period that they can hold someone in custody pending the filing of charges.

Answer Applies to: Washington
Replied: 1/9/2013

Timothy J. Thill P.C.
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Just because you are released initially, does not mean you cannot be arrested again for the alleged crime. You were released because at the time, the police/prosecutors did not have sufficient evidence to charge you. If their investigation continues and they obtain further evidence concerning this alleged violation, they could rearrest you. If nothing else comes up in their investigation, you should not be arrested or charged in the future, for this alleged offense.

Answer Applies to: Illinois
Replied: 1/9/2013

Answer By Sally Hamblin

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If new evidence found, you can be charged within the statute of limitations. Thus, keep quiet to everyone about the incident.

Answer Applies to: Michigan
Replied: 1/9/2013

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