How long does the da have to file charges?

In Arizona, there are timelines known as statutes of limitations that dictate how long a district attorney (DA) has to file criminal charges against an individual. These timelines vary depending on the type of crime and failure to meet them can prevent a prosecutor from pursuing a case. If you are facing criminal charges, it is important to consult with a criminal lawyer in Arizona with the skills, experience, and resources to defend your freedom.

Crimes Without a Statute of Limitations in Arizona

Some of the most serious crimes in Arizona are not subject to any statute of limitations. This means that the district attorney’s office can file charges at any time, regardless of how much time has passed since the crime was committed. These crimes include:

• Homicide: There is no statute of limitations for murder or manslaughter under Arizona law (A.R.S. § 13-107). Charges can be brought at any time, regardless of when the crime occurred.
• Class 2 Felony Sexual Assault (A.R.S. § 13-107): There is no time limit for filing charges in cases of sexual assault if the crime is classified as a Class 2 felony (such as violent sexual assault).
• Misuse of Public Monies (A.R.S. § 13-107): Similarly, crimes involving the misuse of public funds are not subject to a statute of limitations.

These crimes are considered so severe that the state believes filing criminal charges should be allowed whenever sufficient evidence is discovered even if years or decades have passed.

Statute of Limitations for Felonies

Felonies in Arizona have varying statutes of limitations depending on the specific crime. Below are the key timelines:

• Class 2 through Class 6 Felonies: For most felonies, including theft, drug offenses, aggravated assault, and burglary, the DA has 7 years from the date of the offense to file charges (A.R.S. § 13-107(B)(1)).
• Sexual Offenses (Non-Class 2 Felony): The statute of limitations for certain sexual offenses that are not classified as Class 2 felonies can extend to 7 years, but may vary depending on the specifics of the case.
• Certain Fraud or Forgery Offenses: For crimes such as fraud, identity theft, forgery, or a felony involving falsification, the DA also has 7 years to file charges (A.R.S. § 13-107(B)(1)).

Statute of Limitations for Misdemeanors

Misdemeanors in Arizona are generally considered less serious than felonies and are subject to shorter statutes of limitations:

• Class 1 Misdemeanors: The DA has 1 year from the date of the offense to file charges (A.R.S. § 13-107(B)(2)). Class 1 misdemeanors include offenses like driving under the influence (DUI) and shoplifting.
• Class 2 and Class 3 Misdemeanors: For lower-level misdemeanors, the statute of limitations is also 1 year (A.R.S. § 13-107(B)(2)).

Statute of Limitations for Petty Offenses

Petty offenses in Arizona are subject to the shortest statute of limitations: 

• Petty Offenses: The DA has 6 months to file charges for petty offenses, such as minor traffic violations or certain non-violent infractions (A.R.S. § 13-107(B)(3)).

Exceptions and Tolling of the Statute of Limitations

Certain factors can extend or “toll” the statute of limitations in Arizona, effectively pausing the clock and giving the DA more time to file charges. These exceptions include:

Absence from the State (A.R.S. § 13-107(E)) 

If the suspect is out of the state or is hiding to avoid prosecution, the statute of limitations may be tolled. In this case, the clock stops while the suspect is unavailable and resumes once they are back in Arizona or located.

Offenses Involving Minors (A.R.S. § 13-107) 

For certain offenses involving minors, such as child sexual abuse, the statute of limitations may not begin to run until the victim turns 18 or the crime is discovered.

Newly Discovered Evidence (A.R.S. § 13-107(F)) 

In some cases, if new evidence comes to light after the statute of limitations has expired, a DA may still file charges if it is proven that the delay in prosecution was due to the delayed discovery of the crime.

Consequences of Missing the Statute of Limitations

If the statute of limitations expires before the DA files charges, the defendant can move to have the charges dismissed. Once the deadline has passed, the court is typically barred from hearing the case. This is why it is vital for the prosecution to carefully track deadlines in criminal cases.

However, if charges are filed within the statute of limitations, even if the arrest or trial occurs later, the case can still proceed. It is important for defendants to understand that the filing of charges, rather than an arrest by a police officer or conviction by a grand jury, is what must occur within the statute of limitations.

Can a Prosecutor in Arizona Dismiss a Case and then Refile Charges Despite the Statute of Limitations Having Begun from the Date the Crime was Discovered? 

In Arizona, a prosecutor may dismiss a case and then refile it under certain circumstances, but the statute of limitations plays a critical role in whether this can be done lawfully. If the statute of limitations has already expired, the prosecutor generally cannot refile the case unless specific legal exceptions apply.

Key Considerations

1. Voluntary Dismissal and Refiling: A prosecutor can voluntarily dismiss a case (known as a “nolle prosequi” or dismissal without prejudice) and refile it as long as the statute of limitations has not expired. For example, if the prosecution needs more time to gather evidence or the case has procedural issues, they can dismiss and refile within the allowed timeframe.
2. Statute of Limitations: Once the statute of limitations expires, the prosecution loses the right to file charges, unless an exception applies (e.g., tolling due to the defendant being out of state or evading arrest). If the statute of limitations has run from the date the crime was discovered (or should have been discovered), the prosecutor cannot refile the charges after a dismissal.
3. Dismissal Without Prejudice: If a case is dismissed without prejudice, it means the prosecutor can refile the case as long as the statute of limitations has not expired. This type of dismissal does not bar further prosecution if it is within the legal time limits.
4. Dismissal With Prejudice: A case dismissed with prejudice cannot be refiled. This type of dismissal permanently ends the case and bars the prosecutor from bringing the same charges again.

An Example

• If a prosecutor files charges for a theft crime in Arizona but later dismisses the case due to lack of evidence, they can refile the charges if the statute of limitations for theft (typically 7 years) has not expired.
• If the statute of limitations has expired and no exceptions apply (e.g., the defendant wasn’t out of state), the prosecutor cannot refile the charges after dismissing the case.

Our Seasoned Arizona Criminal Defense Attorneys Will Aggressively Defend You  

When life takes an unexpected turn and you face criminal charges, it is natural to feel overwhelmed and uncertain about what to do next. At the Law Office of Hernandez & Hamilton, PC, we are committed to protecting your rights and defending your freedom. With a proven track record in Arizona and beyond, our experienced legal team is ready to fight for you in state and federal courts. If you are looking for high-powered legal representation from a battle-tested criminal defense attorney, reach out to Arizona’s top criminal defense firm. To schedule your free consultation, call us 24/7 at 520-882-8823 or contact us online.