What Are Statute of Limitations For Crimes? Can Your Case Be Dismissed? | Washington State |

All criminal charges in Washington State have some form of Limitation of Actions, or "Statute of Limitations." The reason our legislature created limitations on actions is to place restrictions on the State or governmental authority regarding how far they can go back in time to "charge" an individual with a criminal case.
As outlined in RCW 9A.04.080, here are the Limitations of Actions that cover all criminal matters in Washington State:
Anytime - Certain serious crimes like murder
20 years
10 years
6 years
5 years
3 years
2 years - Gross Misdemeanors (DUI, Reckless Driving, Assault 4, Theft, etc...)
1 year - Simple Misdemeanors (DWLS 3, Hit and Run [Property], Trespass 2)
If you have been accused of a Crime in the State of Washington, you should always consult with a skilled criminal defense attorney. They will know where your charge falls in this list of timelines, and they you can determine if your prosecution is barred as being outside the Statute of Limitations.
We are seeing more and more cases get "charged" right up to the permissible "end date" for their Statute of Limitations - and some even beyond. Always check to verify if your specific case is inside of the applicable Statute of Limitations.
Problems can arise with this if, for a period of time, you were not "usually and publicly resident within this state." That could act as a "tolling period" in your Statute of Limitations calculation.
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Witt Law Group PS
www.WittLegal.com
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[@ladyevol1876]

As an attorney why aren’t you concerned about the prosecution making this the new norm? It certainly is to me. For a number of reasons. Just because it’s legal doesn’t make it right. What’s going on here in Washington is the prosecutors office is literally waiting till last minute then filing charges on a person. Why are you they waiting till the very last moment to charge people? Is there any reason why especially if this has been happening for as long as you mention, why aren’t you asking them what is going on? You mentioned Covid & Potentially staffing issues, if I had to take a guess it whatever they might say is an excuse and complete rubbish it’s simply a way to avoid adherence to the constitutional right to a speedy trail. every single person in Washington state should be terrified. I DUI for instance simple gross misdemeanor state waits on average over the last 2yrs 18mos to file charges. How is this protecting the public? How many people showed up to the last arraignment you went to? How many bench warrants were issued? Ask yourselves what kind of strain this puts on the cops and jails. Do we want our tax money going to fund this? Is this the best use of law enforcement resources?

[@AquaFirma]

Great info!

[@wittlawgroupps]

Thanks! This has been coming up all the time!

[@BryanTorok]

You should talk more about when the statute of limitations runs or tolls and when it doesn't. For example: If a person steals some money from their employer but the theft is not discovered by the business for three years, in most states those years don't count toward the statute. It is only when the crime is discovered or known, that the statute begins to run. And, in sex crimes, particularly against children, many states have a whole other set of rules. You might also talk about WHY society has statute of limitations to begin with. Shouldn't a person who committed a crime be punished no matter how long it had been? In Ohio, in general, it is (a) For a felony, six years;. (b) For a misdemeanor other than a minor misdemeanor, two years;. (c) For a minor misdemeanor, six months. BUT, there are a whole slew of exceptions for homicide, sex offenses, and other select crimes.

[@wittlawgroupps]

That's a good idea. We will definitely work on something more specific like you are suggesting. Some times we intentionally don't go too specific because the laws in all the States are different. Thanks for your good idea.

[@RonnellBlackman]

What is the statue of limitations on public intoxication in Kansas City Kansas

[@wittlawgroupps]

I'm not sure. We are only licensed in Washington State. You should call a criminal defense law firm anywhere in Kansas and they should be able to answer that question for you. Best of luck!

[@wittlawgroupps]

If you are looking for Statute of Limitations information specifically pertaining to DUI, here is our detailed analysis: wittlegal.com/blog/what-is-the-statute-of-limitations-for-a-dui-in-washington/