Time Limits for Filing Felony Charges in Utah
For most Utah felony charges, a prosecution case must be filed within four years of when it is committed. If charges are not filed within the limitation period, future prosecution can be forever prohibited. But there are a number of exceptions to this four-year statute of limitations that apply to certain serious felony charges.
Under Utah Code Ann. 76-1-301, there is no time limitation on when a prosecution can be filed for the following charges:
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
- capital felonies;
- aggravated murder, murder, manslaughter, or child abuse homicide;
- aggravated kidnapping or child kidnapping;
- rape, rape of a child, object rape, or object rape of a child;
- forcible sodomy or sodomy on a child;
- sexual abuse of a child, aggravated sexual abuse of a child, or aggravated sexual assault; or
- any predicate offense to a murder or aggravating offense to an aggravated murder.
Charges for forcible sexual abuse or incest must be filed within eight years after the offense is committed, if the offense is reported to police within four years after its commission. There are also certain exceptions that can extend the time period for filing charges involving fraud or a breach of fiduciary duty by up to three years. Additionally, if a defendant is out of state, the statute of limitations period is considered to not run against that defendant.
The statute of limitations for most misdemeanors and infractions is significantly shorter. But for either a misdemeanor or a felony, criminal charges can be barred if prosecutors fail to file charges within the limitations period imposed by the statute.
What about the “72-hour” rule? Does that matter?
There is a common misconception that prosecutors must file charges within 72 hours from the time you are arrested and booked into jail. This misconception relates to the fact that if charges are not filed within 72 hours, you will probably be released from jail. But a statute of limitations is different from what is sometimes called the “72-hour” rule. Under Utah’s statute of limitations for criminal charges, Utah Code Ann. 76-1-302, prosecutors have a much longer time period to file charges.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Just because you are released from jail does not mean that charges cannot be filed later. If you are released from jail without a notice of a court date, contacting a criminal defense attorney is strongly advised. A good attorney can evaluate your case and give you a better idea of what steps you should take next.
