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L

lathem

Guest
What is the name of your state? New Mexico


how long does the state have to prosecute for a crime? is the a statute of limitations on a 2nd degree child abuse felony? if so how long? does it start from the time of the crime? what if there was a grand jury and a warrant was issued, is there a limit to the amount of time the state can prosecute someone? please any info or ideas.


FYI- this happened in 1990 and the warrant was issued in 1993 a full year after family court found the person innocent of any violence.
 
Last edited:


JETX

Senior Member
lathem said:
how long does the state have to prosecute for a crime?
Depends on the charge.

is the a statute of limitations on a 2nd degree child abuse felony? if so how long?
According to NM Statute:
"30-6-1. Abandonment or abuse of a child.
Whoever commits abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm or death to the child, he is guilty of a first degree felony."

As for the SOL:
"30-1-8. Time limitations for commencing prosecution.
No person shall be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed therefor within the time as provided:
A. for a second degree felony, within six years from the time the crime was committed;"

does it start from the time of the crime?
Nope. As noted above, the SOL only applies to the time to be CHARGED!!

what if there was a grand jury and a warrant was issued, is there a limit to the amount of time the state can prosecute someone?
Nope. Once you have been charged and warrant issued, there isn't an SOL. The warrant can remain until you are arrested.

please any info or ideas.
Yep, turn yourself in and accept the consequences of your conduct and actions.

FYI- this happened in 1990 and the warrant was issued in 1993 a full year after family court found the person innocent of any violence.
As noted above, not relevant. As long as the warrant was issued within six years, it would stil be valid. BTW, the family court has nothing to do with the criminal charge.
 

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