questions & answers

Question: I was arrested in may 02 2002 in Scottsdale arizona for ars 28-622.01 and ars 13-1201.a and ars 28-1381.a1 and ars28-1381.a2. No charges were ever filed to this day and there is no warrant out for my arrest, I checked. What is the statue of limitations for these charges? Could they still charge me almost 6 years later?

Answer:

According to A.R.S. § 13-107 which discusses time limitations. Click the link for the statute in order to get the entire text. The text included in this answer is limited.

B. Except as otherwise provided in this section, 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.