Question: How long can police keep a criminal case investigation open in Utah?
There are no legal limitations on the length of time that police can keep a criminal case investigation open in Utah. Most investigations wrap up in a matter of days or weeks. But some police investigations can continue for years.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
As a practical matter, there is usually no reason for an investigation to continue longer than the statute of limitations for the crime in question. Once the limitations period has expired, a prosecutor will be barred from filing charges even if police eventually identify the right suspect.
The more serious the case, the more likely it is that police will devote the resources necessary to sustain a longer term investigation. Murder cases may remain open for years. But a shoplifting case is not likely to last any longer than it takes for a police officer to go to the store and write the citation.
If you believe you are under investigation, or if you have been charged with a crime, having the assistance of an experienced criminal defense lawyer is vital. You should not speak with police or investigators until you have first consulted with an attorney.
The best attorneys understand your case involves more than just what happens in court.
Utah Statute of Limitations for Criminal Offenses
Misdemeanor Statute of Limitations
For most misdemeanor crimes, Utah Code 76-1-302 provides a two-year limitations period. This means that prosecution must be commenced (usually by filing a formal Information) within two years from the date the offense is committed. The Utah criminal code provides an exception for negligent homicide (a class A misdemeanor), allowing a four-year limitations period. Prosecution for an infraction must be commenced within one year from the date the offense is committed.
Felony Statute of Limitations
The general statute of limitations for felony crimes in Utah allows a four-year period in which the prosecution must be commenced. But there are exceptions.
A charge of incest or forcible sexual abuse may be filed within eight years, so long as prosecution is commenced within four years of the time it is first reported to law enforcement.
A successful defense strategy starts with an understanding of your goals and needs.
Other fact-specific exceptions to the general four-year limitations period are discussed below. But unless the felony case involves one of these exceptions, the case must be filed within four years from the time the offense was committed.
Exceptions Based on Fraud
Crimes involving fraud are sometimes hard to discover immediately. As a result, the legislature has extended the limitations period for crimes involving fraud or a breach of fiduciary duty as a material element. Utah Code 76-1-303 provides that even if the regular limitations period has run, prosecution for such a crime may be commenced within one year from the time it is reported to a law enforcement agency. But this provision cannot be used to extend the filing time by more than three years.
Exceptions for Violent Felonies Based on DNA Identification
With advancements in DNA identification technology, law enforcement agencies are sometimes able to identify a suspect in a criminal case years later by using DNA collected originally at the time the crime was committed.
The right defense attorney can make the difference you need.
The Utah legislature has made exceptions to the standard statute of limitations period for “violent felonies” (as defined specifically under Utah’s Habitual Violent Offender law, Utah Code 76-3-203.5). For these violent felonies, prosecution may be commenced within one year of the time that the suspect’s identity is determined using DNA identification.
Crimes with no Limitations Period
The Utah legislature has established a list of crimes considered so serious that there is no statute of limitations period. These crimes include (not an exhaustive list) murder, manslaughter, aggravated kidnapping, child kidnapping, rape, forcible sodomy, sodomy on a child, aggravated sexual abuse of a child, and aggravated sexual assault.
The legislature has determined that these crimes are sufficiently serious to justify commencing prosecution at any time.
Tolling the Statute of Limitations
Utah law provides that the limitations period for filing a criminal prosecution is tolled (put on hold) during any period of time in which the defendant is not within the borders of the State of Utah. This provision of the Utah Code is rarely used. But in circumstances where a defendant allegedly committed a crime in Utah and then moved to another state, a charge could theoretically be filed many years later – even after the normal statute of limitations period had expired.
While the statute of limitations might not specifically bar prosecution of such a case, it can be argued that Constitutional Due Process and Speedy Trial protections should still prohibit such prosecutions.
