In this article, we’ll go over some basic information, and answer some common questions including, how long can a felony charge be pending? And what happens at an arraignment?
If you’ve been arrested for a felony, or have a loved one sitting in jail after an arrest, you’re no doubt feeling anxious and confused about what happens next.
A felony charge is a serious matter and penalties can include lengthy prison sentences, and in some cases, the death penalty may be sought.
Ideally, a lawyer should have explained the process to you and answered any questions that you have about your case.
But if your lawyer didn’t take much time with you, or if you haven’t spoken to a lawyer yet, then you’ll want to know what kind of process will take place, what sort of time scale you’re facing for any future trial, and how long you’ll need to wait before prosecution is time-barred.
How Long Can A Person be Held After An Arrest?
After an arrest, the police have to file charges within certain time limits or release the suspect.
These time limits vary from state to state, and can even vary within a state with different counties and cities set their own time limits.
The Supreme Court ruled that an individual should be charged or released within 48 hours of arrest, but since that 1994 ruling changes have been made which allow for holds of up to seven days without charge, depending on the offense and jurisdiction.
But usually, you can expect a charge to be filed within 24 to 72 hours.
If you can meet the bail schedule, then you may be released before charges are filed.
What Does It Mean To Have A Pending Felony Charge?
A felony charge can be pending when the charge has been filed but the outcome of the case has not yet been determined, or there may have been no court date set. Initial charges are subject to change. and more offenses may be included at a later date.
A felony charge may also be pending if a prosecutor is reviewing the case file to determine what charges, if any, to file, whether more charges can be added, or if the charge should be reduced to a misdemeanor offense. In this case, you will have been released from custody pending charges.
And sometimes a case may be being prepared against you with no arrest yet made but you’ve been informed that charges will be filed soon.
How Long Can A Felony Charge Be Pending?
If you are not currently being detained or have been released pending charges, then the state can charge you with an offense at any time before the statute of limitations expires.
Each state sets its own statute of limitations, and different crimes have different statutes of limitation.
This leaves you in a state of uncertainty over your future in terms of your freedom, your job, your financial obligations, and so on.
If you’re facing felony charges or the possibility of a felony charge, it’s wise to retain the services of a good lawyer as soon as possible.
If you know the felony charge you’re facing, you can use the following list to get an idea of how long you will have to wait before the statute of limitations expires in your case.
However, as soon as the prosecutor believes they have sufficient evidence to bring before a judge for an indictment, they will do so, so don’t pin your hopes on riding out the statute of limitations. Get a lawyer.
Felony Offenses And State Statutes Of Limitations
Your felony charge could be pending for various periods depending on the state where the crime took place. The following information is for information purposes only and you should not rely on it as the basis for any decisions that you make.
You will need to look up more details about the process in your own state and this is only a general guide.
Alabama
The statute of limitations for most felonies is 3 years unless the offense is a violent felony, a sexual offense with a person under the age of 16, drug trafficking, arson, or forgery. For those offenses, there is no statute of limitations.
Alaska
In Alaska, the statute of limitations for felonies is 5 to 10 years depending on the offense. There is no time limit on cases of kidnapping, multiple sexual offenses, or murder.
Arizona
The statute of limitation for most felony offenses in Arizona is 7 years. There is no time limit on cases of homicide, violent sexual assault, misuse of public money, or falsifying public records.
Arkansas
Depending on the offense, your felony charges could be pending for between 3 and 6 years. There is no statute of limitations for murder, or for multiple sexual offenses.
California
For most felonies, the statute of limitations is 3 to 6 years. The exact time depends on the type of offense. There is no time limit on felonies where the sentence can include life imprisonment or the death penalty, multiple sexual offenses, or misuse of public funds.
Colorado
For most felonies, the statute of limitations is 3 years. Felony offenses without a time limit are murder, kidnapping, sexual offenses against minors, forgery, and treason.
Connecticut
Depending on the offense you’re being investigated for, the statute of limitations can run from 5 to 30 years. There is no time limit on murder or Class A Felonies.
Delaware
Depending on the offense in question, the statute of limitations on felonies in Delaware is 5 to 13 years. Offenses that can be prosecuted without a time limit are murder, class A felonies, and multiple sexual offenses.
Florida
In Florida, you can be charged with a felony offense for 3 to 5 years depending on the crime. There is no statute of limitations on perjury, felonies that are eligible for the death penalty or a life sentence, or felonies that result in death.
Georgia
Depending on the felony in question you can be charged for 4 to 15 years after the event. There is no statute of limitations on murder or on certain crimes involving children.
Hawaii
Felony charges can be pending in Hawaii for 3 to 10 years. No statute of limitations applies for 1st or 2nd-degree murder, attempted murder, or solicitation to commit murder.
Idaho
The statute of limitations for a felony offense in Idaho is 3 to 5 years, excluding cases of murder, voluntary manslaughter, rape, and sexual offenses against a child.
Illinois
Felony charges can be pending for 3 to 7 years in Illinois. There is no statute of limitations for murder, involuntary manslaughter, reckless homicide, treason, child pornography, arson, or forgery.
Indiana
All felonies in Indiana have a statute of limitations of 5 to 5 years, except for level 1 or 2 felonies or in the case of murder, where no time limit applies.
Iowa
Depending on the offense in question, felony charges can be pending for 3 to 10 years. There is no statute of limitations for 1st or 2nd-degree murder.
Kansas
Charges may be brought for 5 to 10 years after the event depending on the offense in question. No statute of limitations applies, for murder, rape, or terrorism.
Kentucky
There is no statute of limitations for any felony offense in Kentucky. Charges may be filed at any time.
Louisiana
Felonies that are punishable by life in prison or the death penalty have no statute of limitations. For other felonies charges can be pending for 4 to 10 years.
Maine
Charges can be filed for 2 to 6 years after a crime has taken place. The is no statute of limitations for murder, sexual assault on a minor, rape, or incest.
Maryland
The statute of limitations for felonies in Maryland is 3 years, except for murder, manslaughter, or unlawful homicide.
Massachusetts
A felony charge can be pending for 6 to 15 years depending on the offense in question. There is no statute of limitations for murder.
Michigan
Depending on the felony offense, charges can be pending for 6 to 10 years, except in the case of murder, where there is no time limit on when charges may be filed.
Minnesota
The statute of limitations is 9 years depending on the type of felony offense. Murder has no time limit.
Mississippi
The statute of limitations in Mississippi is 2 years for all felony offenses except murder, manslaughter, rape, sexual offenses, arson, burglary, larceny, forgery, embezzlement, and obtaining money under false pretenses.
Missouri
Felony charges may be pending for between 1 and 10 years depending on the offense in question, except for murder and class A felonies, which have no time limit on when charges can be filed.
Montana
In Montana, charges can be pending for between 1 and 10 years depending on the type of felony offense. There is no statute of limitations for homicide, negligent homicide, or mitigated homicide.
Nebraska
Felony charges can be filed 1 to 7 years after an offense has taken place. There is no statute of limitations for murder, sexual assault, arson, treason, or forgery.
Nevada
Charges can be pending on felony offenses for 4 years in Nevada, except for charges involving murder or certain sexual offenses, for which there is no statute of limitations.
New Hampshire
There is no statute of limitations for murder. For all other felony offenses, charges can be pending for 1 to 6 years depending on the offense.
New Jersey
Depending on the offense, charges may be filed between 5 to 7 years after the offense. For murder and manslaughter, there is no statute of limitations.
New Mexico
Felony charges can be pending for 3 to 6 years in New Mexico. There is no statute of limitations for capital or 1st-degree felonies.
New York
Depending on the offense, charges may be filed 1 to 5 years after an event. There is no statute of limitations for murder, rape, or class A felonies.
North Carolina
There is no statute of limitations on any felony offense and charges may be filed at any time.
North Dakota
There is no statute of limitations for murder in North Dakota. Other felony offenses may have charges pending for 3 to 10 years.
Oklahoma
Charges can be filed for 3 to 5 years depending on the felony offense. There is no statute of limitations for murder.
Oregon
Felony charges can be pending for 6 to 12 years. There is no statute of limitations for murder or manslaughter.
Pennsylvania
Depending on the offense in question, felony charges can be pending for 2 to 12 years. There is no statute of limitations for murder, including conspiracy or soliciting to commit murder, or vehicular homicide.
Rhode Island
The statute of limitations is 3 to 10 years depending on the offense. These offenses have no statute of limitations: murder, sexual assault, child molestation, arson, burglary, treason, bigamy; the manufacturing, distribution, selling, or possession of a controlled substance.
South Carolina
There is no statute of limitations on any felony offense in South Carolina and charges may be filed at any time.
South Dakota
The statute of limitations for all felonies except murder is 7 years.
Tennessee
Depending on the offense in question felony charges can be pending for 2 to 25 years. There is no statute of limitations for crimes punishable by life in prison or the death sentence.
Texas
The statute of limitations in Texas is between 3 to 10 years depending on the felony offense. There is no statute of limitations for murder, manslaughter, or sexual offenses.
Utah
Felony charges may be pending for 2 to 4 years depending on the offense, except in the case of murder, manslaughter, or sexual offences where there is no statute of limitations.
Vermont
Pending charges may be pending for between 6 to 40 years depending on the offense. There is no statute of limitations for murder, kidnapping, sexual crimes, or arson that results in death.
Virginia
There is no statute of limitations for murder. Other felony offenses may be pending for between 1 to 5 years.
Washington
Felony charges can be pending for 1 to 10 years in Washington state. There is no statute of limitations for murder, vehicular homicide, or arson causing death.
West Virginia
There is no statute of limitations on any felony offense and charges may be filed at any time.
Wisconsin
There is no statute of limitations on any felony offense and charges may be filed at any time.
Wyoming
There is no statute of limitations on any felony offense and charges may be filed at any time.
What Happens At An Arraignment?
When the prosecutor is ready to file charges against you, an arraignment will be scheduled. You will appear before the judge and the charges will be read to you.
You will be asked to enter a plea. If you don’t have a lawyer at this point, and you enter a guilty plea without legal counsel, you could make a serious mistake. Lawyers generally advise a not guilty plea in this case. A not guilty plea can usually be changed later on if necessary but the reverse isn’t always true.
If you don’t have a lawyer present the court will ask you if you plan to hire a lawyer or wish to use a public defender.
If bail is permitted, a bail amount will be set or the court will agree to release you on your Own Recognisance. But if the court has reason to believe that you pose a danger to the community, or are a flight risk, they will not allow you to be released on bail.
The conditions for bail will be set.
The date for a preliminary hearing will be set, or if plea negotiations are being entered into, a date will be set to hear the plea.
If you fail to return to court for your next hearing a bench warrant will be issued for your arrest. Should you manage to avoid arrest because you’ve skipped town, then you should know that the statute of limitations will not apply to your arrest warrant. The warrant will not expire.
What Happens If Charges Aren’t Filed?
If the statute of limitations for your offense runs out, then you can’t be charged. You’ll need to speak with your lawyer to determine if you really are in the clear.
You Should Always Hire A Good Lawyer
A felony charge is a serious matter. A felony is an offense that carries at least 1 year in prison, and many sentences are much longer. You’ll also be faced with court fees and fines.
When you’re released from custody, you’ll find it hard to get a job, you’ll be refused finance like mortgages and loans, you’ll be turned down for rentals, and you may lose important civil rights.
A felony on your record will follow you around because it will show up on every employment background check and credit check you need to have done.
Lawyers are expensive, but if it’s possible to get your charges dismissed or bargained down to a misdemeanor, a good lawyer will be worth every penny.
Far too many people are sitting in prison because they had to rely on a public defender who was overworked and ineffective.
Do whatever you can to find the funds to pay for your defense. Sell assets, ask family for help, and get someone to set up a crowdfund for you if possible. Work 2 or 3 jobs between your arraignment and trial to get the money together.
For a felony case, you’ll usually need to pay a fee in advance, and then your lawyer will bill by the hour. Alternatively, you can arrange to pay a fixed fee for the whole case.
If a lawyer spends 20 hours on your case, and bills $200 an hour, you’ll pay $4000.
That may seem like a lot of money, but it’s nothing compared to the losses a lengthy prison term will generate.
Summing up
After an arrest, it’s usual for charges to be filed fairly quickly. Time limits govern how long you can be held in custody without charge. In most cases, charges are filed within 72 hours.
If you’re released pending charges, then the prosecutor has until the statute of limitations for your offense expires, to bring charges against you.
The statute of limitations varies depending on the offense, or the state (sometimes the county or city) where the offense took place.
Once charges are filed, they are subject to change, and additional offenses may be added. Charges may also be dismissed if the case isn’t as strong as was first thought, and felony charges can be reduced to a misdemeanor.
If no charges are filed against you by the time the statute of limitations runs out, then no charges can be filed in the future regarding that alleged offense.
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Robert Eric (a lover of Cats and Dogs) is the co-founder of HireFelonsJobs. In our search for a better life, after… A platform was created for the purpose of easing the search for ex-convicts.