What is the Utah statute of limitations on child kidnapping?
Child kidnapping is one of the serious felony offenses in Utah that is not governed by a statute of limitations. In theory, a prosecution for child kidnapping can be commenced at any time, no matter how far in the past the crime may have occurred. As a practical matter, the older the case becomes the less likely it will be that a prosecutor will be able to present sufficient evidence to support the burden of proving the crime beyond a reasonable doubt.If you are facing kidnapping or other criminal charges in Utah, an experienced criminal defense attorney can give you the best chance of success in your case. Based in Salt Lake City, criminal lawyer Stephen Howard has spent his career defending the rights of the accused. He has successfully protected his clients rights in cases ranging from homicide to shoplifting, and virtually everything in between. Contact us today to arrange for an initial consultation.
Statutes of Limitations in Utah Criminal Cases
Utah Code 76-1-302 provides general rules for limitations periods (a statute of limitations) for criminal charges. Under this section of the Utah Criminal Code, most misdemeanor offenses have a two year limitations period, and most felonies have a four-year limitations period. This limitation period creates a permanent bar to prosecuting the case if a prosecutor fails to file formal charges within the prescribed period of time.But there are crimes that are considered so serious under Utah law, that there is no statute of limitations. Utah Code 76-1-301 specifically provides that a prosecution for certain offenses can be commenced at any time. These offenses include child kidnapping, aggravated kidnapping, aggravated murder, manslaughter, child abuse homicide, and certain sex offenses. Most of these offenses are first degree felonies or capital crimes. All should be taken seriously.
Finding a Utah Criminal Defense Attorney in Salt Lake City
If you have been charged with kidnapping or other crimes, it is vital to have the assistance of an experienced criminal
attorney.
Even if you are "just" a suspect in the case, you should seek the
advice of a criminal defense lawyer. The advice of an experienced
lawyer can be critical to achieving the best outcome for your case.
Whether you are facing a first-degree
felony or a "minor" misdemeanor, the consequences of a
conviction can be serious.Contact us today to schedule an initial consultation with Salt Lake criminal defense attorney Stephen Howard.
RELATED TOPICS IN UTAH CRIMINAL DEFENSE LAW
What is the statute of limitations for felony crimes in Utah?What is the statute of limitations period for misdemeanors?
Is there a statute of limitations on probation violations in Utah?
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Not Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
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2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
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charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
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How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
Experience »
Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....
Consequences »
An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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