Statute of Limitations: You May Not Be in the Clear | Weld County Criminal Attorney

Following a 2012 New Year’s Eve party, a 28-year-old woman’s death was ruled a suicide and shortly afterward, the case was closed. Her husband, a former Weld County Corrections Officer, was the one who reported the suicide by calling 911 after his wife was found with a fatal gunshot wound to the head. After a ‘thorough investigation,’ police concurred with the husband and ruled her death a suicide, closing the case. The husband has since moved to another state with his children.

However, when new evidence and witness statements surfaced, the case was reopened. The Evans Police Department requested help from Fort Collins and Loveland Police to decide how to move forward. After reviewing the case, Weld County issued a warrant for the husband’s arrest. He was arrested in another state and is currently waiting extradition to Colorado. The statute of limitations is not a bar to the new charges.

Statute of Limitations / Limitation of Actions in Colorado

There are specific timelines which limit how long a prosecutor has to charge you with a crime, starting the alleged crime occurred in Weld, Morgan and Logan County. These limits, as defined under C.R.S. 16-5-401, are:

 

Time Limit	Specific Crimes
No Limit	Murder Kidnapping Treason Sex Offense Against a Child
No Limit	Attempt, Conspiracy or Solicitation to commit: Murder Kidnapping Treason Any Sex Offense Against a Child Any Forgery
Five Years	Vehicular Homicide Leaving the Scene of an Accident that Resulted in the Death of a Person
Three Years	Other Felony Charges
Eighteen Months	Misdemeanors
One Year	Class 1 and Class 2 Misdemeanor Traffic Offenses
Six Months	Petty Offenses

Should I Get a Lawyer Even If I Haven’t Been Charged in Greeley?

The earlier you get a lawyer involved, the better. At the O’Malley Law Office, we take cases prior to charges being filed in order to protect you. We will call the investigator looking into your case and find out where the investigation is and whether or not charges are being filed. Instead of having police in Greeley, Johnstown or Windsor come knocking at your door to arrest you for Assault or Domestic Violence, we can give you advanced warning that a warrant has been issued and you can turn yourself in. You can be set free from your charges more quickly if you involve an experienced criminal defense attorney early.

If you or a loved one is facing charges in Weld County or Greeley, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009.
Together, we can protect your future.

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