Recently, this blog highlighted the story of a man that was charged in an attempted murder case. While the charges may not seem unusual, the man was charged with attempted murder almost two years after the alleged incident happened. For many people that may seem like a long time. People may think that criminal charges need to be brought quickly after an incident occurs. However, this may not be the case.
The amount of time a prosecutor has to bring criminal charges against a person is called the statute of limitations. In order to comply with the statute of limitations, criminal charges must be brought within the time restrictions. Under ORS section 131.125, the exact time limitations vary based on the crime the person is accused of. For example, prosecutors have up to six years after the commission of arson in order to bring criminal charges.
This may lead some to question -- how long do prosecutors have to bring murder charges against an Oregon resident. Under section 131.125(1), murder charges are treated differently than other criminal charges. According to this section, murder charges are not subject to a time limitation. In fact, murder charges can be brought any time after an attempted murder or the death of a person. Several criminal charges including charges for the solicitation to commit murder or aggravated murder, attempted aggravated murder or murder or murder charges all fall under this category.
People who are accused of murder, at any time, should make sure to understand this limitation -- or lack thereof. People who are accused of murder have the right to fight against the charges with the use of a proper criminal defense. An attorney can help provide specific legal advice -- which this post cannot provide -- to those facing murder charges.
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