If you’ve been accused of a crime—or fear you might be—it’s crucial to understand how the Maryland statute of limitations for criminal charges could impact your case. Statutes of limitations are legal deadlines that determine how long prosecutors have to bring criminal charges. If the state misses that deadline, the case may be barred entirely.
Below, we break down how these laws work, which crimes have time limits, and which don’t.
What Is the Criminal Statute of Limitations in Maryland?
In Maryland, the statute of limitations for criminal charges depends on the nature and severity of the alleged offense. For most misdemeanors and some lesser felonies, prosecutors are bound by a specific time window in which they must file charges. If they don’t act within that time frame, the defendant may have a strong basis to seek dismissal.
However, many serious crimes—including murder, manslaughter, and certain sex offenses—have no statute of limitations. That means charges can be filed years or even decades after the alleged incident.
Common Criminal Statutes of Limitations in Maryland
Here are some of the most common statutes of limitations under Maryland law:
| Crime | Time Limit to File Charges |
|---|---|
| Misdemeanors (general rule) | 1 year |
| Felony theft | No time limit |
| Murder or manslaughter | No time limit |
| Rape or sexual offense (1st/2nd degree) | No time limit |
| Minor traffic offenses | 1 year |
| Offenses involving public officers | 2–3 years (depending on the charge) |
| Credit card fraud | 3 years |
These are general guidelines. Always consult a criminal defense lawyer for specifics about your case.
When Does the Statute of Limitations Start?
The clock usually begins ticking at the time the alleged crime is committed. However, in some cases—such as fraud or crimes involving concealment—the statute may not start until the offense is discovered or reasonably should have been discovered.
This is known as the “discovery rule”, and it can extend the prosecution’s window in certain cases.
No Statute of Limitations for Serious Crimes
Maryland law specifically excludes the following from any statute of limitations:
- Murder and attempted murder
- First- and second-degree rape
- Sexual abuse of a minor
- Felony theft
- Certain gun crimes
This reflects the state’s interest in pursuing justice for serious and violent offenses, regardless of how much time has passed.
Why the Statute of Limitations Matters in Your Case
If you’re under investigation or have been charged with a crime that may fall outside Maryland’s statute of limitations, an experienced Southern Maryland criminal lawyer can help you determine whether the charges are time-barred.
Filing a motion to dismiss based on expired limitations could mean the difference between freedom and facing trial.
Speak With a Criminal Defense Attorney in Southern Maryland
If you’re wondering whether the Maryland statute of limitations for criminal charges could affect your situation, don’t wait to get legal advice. Timing is everything. At Southern Maryland Criminal Defense, we examine every possible defense—starting with whether the state even has the legal right to prosecute.
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