What are the statue of limitations on breaking and entering? - Criminal Law Questions and Answers- LawQA.com

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What are the statue of limitations on breaking and entering?

If someone broke into a house and stole thousands of dollars in one hundred dollar bills 10 years ago, could they still be arrested?

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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Nope. Burglary is not specifically mentioned in the statute of limitations therefore by default it is 3 years. Even if prosecuted as a theft case, the statute of limitations has run because it is 5 years.

Answer Applies to: Texas
Replied: 10/23/2011

The McDonnell Law Firm, PLLC
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First, there is no crime called "breaking and entering." What you've described is the crime of burglary, of which all degrees of burglary are felonies. The statute of limitations on a felony is five years (unless you were a public official committing it, it's extended). Therefore, if no prosecution has been commenced within five years after the crime, it cannot be prosecuted, period.

Answer Applies to: New York
Replied: 10/21/2011

Answer By Harley Gutin
Gutin and Wolverton
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Not for the Burglary.

Answer Applies to: Florida
Replied: 10/20/2011

Law Office of Richard Williams
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In some states there may be no statute of limitations on a burglary first.

Answer Applies to: Alabama
Replied: 10/20/2011

Law Office of Phillip Weiser
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The statute of limitations for criminal offenses is 5 years. However, there can be special circumstances which extend, or "toll" the statute. Such cases would include the time between the actual crime and the discovery of the crime; also time which the defendant has left the state and is "hiding" from arrest in another state, among others.

Answer Applies to: Kansas
Replied: 10/20/2011

Edward  D. Dowling IV Attorney at Law
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I would need further information such as is the person actively avoiding arrest if so the statute of limitations is toled ( suspended ) and thus the statute has not even started to run and theoretically it could never end so that he could be caught.

Answer Applies to: New York
Replied: 10/20/2011

Answer By Jared Austin
Austin Legal Services, PLC
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The statute of limitations is six years from the date of the offense.

Answer Applies to: Michigan
Replied: 10/19/2011

Timothy J. Thill P.C.
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If charges were filed and a warrant was issued at the time, or within 3 years of the commission of the offense, the case is open and valid. However, if no charges were filed with the court, the statute of limitations is over, at least in the State of Illinois, under their statute.

Answer Applies to: Illinois
Replied: 10/19/2011

Answer By Glenn M. Sowa
Donahue, Sowa & Magana Attorneys at Law
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The statute of limitations for residential burglary is 3 years. There are some exceptions to this rule, however. You did not indicate any other conditions that would toll these exceptions.

Answer Applies to: Illinois
Replied: 10/19/2011

Answer By Mark Thiessen
Mark Thiessen, Attorney at Law
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Highly doubtful. They obviously knew about it, so knowledge of the crime carries a two year statute of limitation. You got a helluva defense, so hire an attorney if ever arrested and never tell anyone what you did.

Answer Applies to: Texas
Replied: 10/19/2011

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