Criminal Law

questions & answers

Question: Can a individual be charged 4 years later on charges from a crime scene investigation that was already investigated and charges imposed 4 years ago and the defendant took a plea deal on them? Anotherwords, during a burglary investigation and a search of a residence indicated items that were burglarized, along with drug parafanillia, no charges were filed regarding the burglary but charges were filed on the drug parafanillia and the defendant took a plea deal on them and sentenced 4 years ago......now all of a sudden they charge the defendant with the burglary, and the same drugp again 4yrs lat

Answer: Arizona Revised Statue 13-107 defines the statute of limitation to be charged with criminal offenses.

A. A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section and section 28-672, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.

In both the United States Constitution (5th Amendment) and Arizona Constitution (Article 2, Section 10), there are provisions that prevent double jeopardy.  This means that an individual cannot be retried for the same charges if they were legitimately acquitted or convicted previously.  

QUESTIONS

  • Can a individual be charged 4 years later on charges from a crime scene investigation that was already investigated and charges imposed 4 years ago and the defendant took a plea deal on them? Anotherwords, during a burglary investigation and a search of a residence indicated items that were burglarized, along with drug parafanillia, no charges were filed regarding the burglary but charges were filed on the drug parafanillia and the defendant took a plea deal on them and sentenced 4 years ago......now all of a sudden they charge the defendant with the burglary, and the same drugp again 4yrs lat

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS