Statute of Limitations

[midwestap]

What is the name of your state (only U.S. law)? Iowa

Hello,

Thank-you in advance for your replies.

In Iowa, the Statute of Limitations for a certain accusation is 3 years. I've read through Iowa's Statute of Limitations law, as well as the section regarding Tolling. Tolling is the stopping of the running of the statute of limitations for some statutory reason. For criminal offenses, the statute can be tolled due to the offender being out of the state’s jurisdiction or being a nonresident. Iowa's code states:

614.6 NONRESIDENT OR UNKNOWN DEFENDANT.
The period of limitation above described shall be computed omitting any time when:
1. The defendant is a nonresident of the state, or
2. In those cases involving personal injuries or death resulting from a felony or indictable misdemeanor, while the identity of the defendant is unknown after diligent effort has been made to discover it.

I am a nonresident; however, the investigators have all of my information (I was questioned). I've tried searching for cases that clarify tolling, but I haven't found much. Some hinted that as long as suspect's location is known and can be apprehended (suspect is not hiding) the statute of limitations apply; however, others have cautioned that the statute of limitations would be infinitely tolled since suspect's nonresident status applies.

I'm trying to determine if the statute will protect me once the 3 years has gone by, or whether I'll always be a possible target?

Thank-you again!

 

[Zigner]

You'll be a target.

 

[FlyingRon]

Agreed. You don't get any points for being a fugitive. The clock doesn't run when you're out of the state no matter now obvious you are.

What you're getting confused with is that there are decisions that say that first clause regarding non-residence applies to even those within the state who are concealing the fact that they are there (not "publicly resident").

 

[midwestap]

Agreed. You don't get any points for being a fugitive. The clock doesn't run when you're out of the state no matter now obvious you are.

What you're getting confused with is that there are decisions that say that first clause regarding non-residence applies to even those within the state who are concealing the fact that they are there (not "publicly resident").

Thanks, that's what I figured.

It's nearing the 3 year mark and I don't presume to know what the investigators have done/will do. My lawyer at the time (3-4 months after the incident occurred) told me the prosecutors were aware of the investigation, but charges were never filed. My lawyer ultimately shelved my case since there was no movement.

But basically, if the affected party (victim, I guess) ever wanted to press charges, I assume they'd be able to due to my nonresident status?

 

[davew128]

But basically, if the affected party (victim, I guess) ever wanted to press charges, I assume they'd be able to due to my nonresident status?

Victim's don't press charges, prosecutors do. If they haven't now, its unlikely they ever would.

 

[midwestap]

Victim's don't press charges, prosecutors do. If they haven't now, its unlikely they ever would.

Apologize for the mistype. Thanks for your help.