statute of limitations on escape from work release

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statute of limitations on escape from work release

is there a statute of limitation if you walked out of a work release center?

Asked on June 16, 2009 under Criminal Law, South Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

A majority of states have a statute of limitations for all crimes except murder.  Once the statute has expired, the court lacks jurisdiction to try or punish a defendant.  Generally, the time limit starts to run on the date the offense was committed, not from the time the crime was discovered or the accused was identified

However, the statute of limitations does not apply in this case.  Since you were in work release not only had charges been filed but a conviction obtained and sentencing imposed.  Further, a bench warrant has probably been issued for your arrest.  And warrants never expire.

You need to consult with an attorney in the area where all of this happened.  Getting stopped for something as minor as a traffic violation could turn this all up.  You'll be better off if you turn yourself in voluntarily.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm not a South Dakota attorney, but my research suggests that the statute of limitations on escape is seven years.  However, it also looks like that time does not run while you are outside the state.

For more information about how the law might affect you, and reliable advice based on all of the facts of your situation, I'd recommend a consultation with a criminal lawyer in your area.  One place to find an attorney is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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