The United States Supreme Court requires that statutes of limitation be construed in favor of the defendants.
Thus the ten year statute of limitations does not apply to causing the illegal action of another. It does expressly apply to conspiracies to commit the listed offenses. This statute of limitation does not mention or refer to “causing” or “aiding and abetting” an offense under Title 18 United States Code, section 2. “No person shall be prosecuted, tried or punished for a violation of, or conspiracy to violate- – (1) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, or 1344 …unless the indictment is returned or the information is filed within ten years after the commission of the offense.” Title 18 United States Code, section 3293. “Committing” or “conspiring” to commit offenses in violation of Title 18 United States Code, sections 10 are barred by a ten year statute of limitations set forth in Title 18 United States Code, section 3293. “Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years after such offense shall have been committed.” 18 United States Code, Section 3282. Most offenses must be charged with the five year statute of limitations set forth in Title 18 United States Code, section 3282. Please contact us online or call our Cincinnati office directly at 51 to schedule your free consultation.Home » Our Passion » Legal Resources » Indictments » MOTIONS TO DISMISS THE INDICTMENT MOTIONS TO DISMISS THE INDICTMENT LIMITATIONS:Ĭounsel should determine at the outset whether the date of the indictment occurred later than that statute of limitations. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Are you or someone you know facing criminal charges? If you know, and even have proof, that you could not have been where the government says you were, then you have a viable alibi defense that may serve as a complete defense to the drug charges against you. Then, you can begin putting together where you were on that date and time. Therefore, by requesting a bill of particulars, you and your attorney can know when the act happened.
You and your attorney cannot begin to put an alibi together without knowing when the government is claiming you committed the drug offense. The “when” aspect of a bill of particulars is very important especially if you claim that you did not commit the offense.
In order to obtain a bill of particulars, the defendant must request one through a written motion to the court. Further, the government specifies when this supposed conduct occurred. Simply stated, a bill of particulars is a document that states specifically what the government is claiming you did that constitutes a violation of the statute. It is a list, or “bill,” of details, or “particulars,” about the crime of which you have been accused. The phrase might initially sound strange, but the title is actually quite descriptive. One of the first things that your defense attorney in your drug case should do is move for something called a bill of particulars.