Alabama Criminal Statute of Limitations

A â€œstatute of limitations," in the criminal law context, is a law that limits when a person can be taken to trial for a crime he or she is suspected of committing. One of the reasons for this is to ensure that the evidence and witnesses' memories are fresh when a case goes to trial. However, some crimes have no limit to when they can be tried, usually because of their especially violent or malicious nature, such as murder or sex crimes with child victims.

The following table details theÂ criminal statute of limitationsÂ in Alabama.

State Topic Definition Code Sections Felonies Misdemeanors Crimes in Which a Child Is a Victim Acts During Which Statute Does Not Run Other

Alabama

Criminal statute of limitations

A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime.

Alabama Code sectionsÂ 15-3-1Â toÂ 15-3-8

There'sÂ no limitÂ to when some felonies can be tried, including:

Any capital offense (various types of murder)
Felonies with the use, attempted use, or threat of violence
Felonies where serious physical injury or death resulted
Any sex offense involving a victim under 16 years old
Arson
Forgery
Counterfeiting
Drug trafficking crimes

All other felonies, unless otherwise stated, have aÂ 5-year time periodÂ within which the prosecutor must start a criminal action against you. An action for theft by conversion of state or county revenues must beÂ started within 6 yearsÂ of the conversion.

All misdemeanors, unless otherwise stated, must have an action started against youÂ within 12 monthsÂ after the crime was committed. An action for unlawfully taking or using another person's property temporarily must beginÂ within 30 days of the offense.

Any sex offense involving a victim under 16 years oldÂ can be tried at any time.

If the prosecution stops with one indictment and later starts with another, that time is counted towards the limit, whether it is 12 months, 3 years, or another time period.

The prosecution is deemed to have started, for the purposes of the statute of limitations, when:

There's been anÂ indictmentÂ through a grand jury, where the prosecutor brings evidence gathered by the police;
A warrant was issued; or
The defendant was either placed in jail or is out on bond or bail before trial.

Note:Â State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Alabama Law

Official State Codes

Get a Handle on Your Criminal Case: Contact an Attorney

Alabama's statute of limitations laws are fairly straightforward compared to those of other states, but they can still be confusing. You should see an experienced attorney if you are worried that your past behavior might be prosecuted or just need help understanding how the law could affect your case. Get started today by reaching out to anÂ Alabama defense attorney.