Statute of Limitations for Crimes in Colorado
Weld County Criminal Defense Lawyer Explains

If you've been charged with a crime and have questions about Statute of Limitations, contact the best criminal defense attorneys from the O'Malley Law Office!

Statute of Limitations when it comes to criminal cases in Weld County, Colorado means that there is a certain amount of time that the state has to file charges against a person. This limitation is based on the level and type of crime. Let’s look at the Statute of Limitations for criminal cases in Greeley and across Weld County.

Greeley Criminal Defense Lawyer: What Does Limitation for Commencing Criminal Proceedings Mean?

The Greeley, Colorado law definition of Statute of Limitations or Limitation for Commencing Criminal Proceedings – C.R.S. 16-5-401 – is:

No adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act.

This law basically sets timeframes for different crimes and when a criminal charge must be filed. If the Statute of Limitations has passed, then the person cannot be charged with that crime. Statute of Limitations ranges from 6 months to no limit, depending on the crime. There is also a caveat for some cases, where the Statute of Limitations begins running from the time the crime is discovered, not when it actually occurred.

List of Statute of Limitations in Morgan and Logan County, Colorado Criminal Case

Here is a list of the different Statute of Limitations and the crimes they apply to in Morgan County and Logan County, Colorado:

  • No Statute of Limitations:
    • Murder, Kidnapping, Treason, any Sex Offense against a child, and any Forgery
      • Includes attempt, conspiracy, or solicitation to commit any of the above listed crimes
  • 5 years:
    • Vehicular Homicide and Leaving the Scene of an Accident Involving Death
      • Clock starts upon the discovery of the criminal act
  • 3 years:
    • All other felonies
      • Clock starts upon the commission of the offense
  • 1 year:
    • Class 1 and class 2 misdemeanor traffic offenses
      • Clock starts upon the discovery of the criminal act
  • 18 months:
    • Misdemeanors
      • Clock starts upon the discovery of the criminal act
  • 6 months:
    • Petty offenses
      • Clock starts upon the discovery of the criminal act

Why does this matter? While it doesn’t happen often, there are times where someone’s case hangs in the ‘investigation’ phase for too long and the clock has run out before the charges can be filed. If that fact slips through the cracks and the case is still charged, the case must be dismissed when it’s realized.


If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.

Image by Alexa from Pixabay