Statute of Limitations in IL

[BlackPeaceStone]

What is the name of your state? IL

Can someone explain to me how the term "1 year" is defined in the courts. Is it defined as 365 days? The reason I ask is because I was charged with Aggravated Battery with an incident that accured on March 19, 2003. On March 19,2004 the State planss to dismiss the case of Aggravated Battery and charge me with Reckless Driving Instead. The statute of limitation for these cases are 1 year. My question is, since we had a leap year this year is the statute of limitation expired on this, therfore making the charge past the date of filing ? Can someone explain this to me and let me know if what the State is doing is legal. And what I can do about it, or what motions to file.

Does anyone have any case law on this perhaps ?

 

[I AM ALWAYS LIABLE]

What is the name of your state? IL

Can someone explain to me how the term "1 year" is defined in the courts. Is it defined as 365 days? The reason I ask is because I was charged with Aggravated Battery with an incident that accured on March 19, 2003. On March 19,2004 the State planss to dismiss the case of Aggravated Battery and charge me with Reckless Driving Instead. The statute of limitation for these cases are 1 year. My question is, since we had a leap year this year is the statute of limitation expired on this, therfore making the charge past the date of filing ? Can someone explain this to me and let me know if what the State is doing is legal. And what I can do about it, or what motions to file.

Does anyone have any case law on this perhaps ?

My response:

So, basically, you were originally charged with trying to run someone over but, because the evidence was lacking, you're being charged with crashing through someone's white picket fence.

The statute of limitations runs from the date of the incident to the same date of the following year - - no matter how many days are in between.

Sorry, but we're all stuck with the Gregorian Calendar.

Now, the better question is this: Let's say you commit a crime on February 29, 2004, which is a leap year. What's the anniversary date - - since, in 2005, the last day of February is the 28th? Would you go free because the 29th doesn't exist in 2005? Or, would the Statute of Limitations be extended to February 29, 2008?

IAAL

 

[BlackPeaceStone]

Ok. Now what needs to be filed on March 19, 2004. Does the inditement need to occur on that date. Or is a motion to dismiss the aggravated battery and a charge of reckless driving sufficient enough.


And also....

Assuming 2004 was a normal calender year. If the incident occured March 19, 2003 does the State have until the end of the day March 18, 2004 or is it March 19, 2004. And does the time of the incident and the time the motion was file play a role also ?

 

[I AM ALWAYS LIABLE]

Ok. Now what needs to be filed on March 19, 2004. Does the inditement need to occur on that date. Or is a motion to dismiss the aggravated battery and a charge of reckless driving sufficient enough.


And also....

Assuming 2004 was a normal calender year. If the incident occured March 19, 2003 does the State have until the end of the day March 18, 2004 or is it March 19, 2004. And does the time of the incident and the time the motion was file play a role also ?

My response:

Didn't you even see my questions?

It's spelled, "Indictment". The indictment would have to be filed no later than March 19, 2004. A "Motion to Dismiss" is not the proper pleading to file. The proper Motion is called a "Motion to Vacate the Information" IF the statute of limitations has expired. It's from the "Information" from which the indictment would be filed.

As for 2004, I don't have to "assume" - - it WAS a regular calendar year! The State MUST file the Indictment no later than midnight of March 19, 2004. Remember, March 20, 2004 doesn't occur until the stroke of midnight. The "time of the incident" has no relevance. Let's say the crime occurred at 3:00 p.m. on March 19, 2003. The State has until the stroke of midnight, March 19, 2004, within which to file the indictment.

IAAL