Illinois Criminal Statute of Limitations
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 30, 2025
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Like other states, Illinois's criminal justice system has a certain time limit for filing a claim. This period is called the statute of limitations. It serves as the time period for the prosecution to file a criminal case. In the state of Illinois, this time limit ranges from 18 months for minor offenses to no time limit for severe criminal actions.
This article provides a comprehensive overview of the Illinois statute of limitations. If someone has accused you of a crime, hire a criminal defense attorney right away.
Code Sections | 720 ILCS 5/3-5; 5/3-7 |
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Felonies |
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Misdemeanors | Within one year and six months after its commission. |
Crimes against children |
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Acts during which statute does not run |
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Purpose of Criminal Statutes of Limitation
The statutes of limitations help ensure the reliability and integrity of criminal proceedings. They secure the timely prosecution of criminal cases and protect defendants from facing outdated criminal charges. This is crucial, particularly when witnesses' memories may have faded, and evidence may have deteriorated.
It is also important to remember that these time limitations often only run when the accused is within reach of the law. The period pauses if the accused goes into hiding or leaves the state. This mechanism, also known as "tolling," ensures that the accused can't simply find ways to wait out the statute of limitations by fleeing or hiding. The countdown for the statute of limitations resumes once the accused returns to the jurisdiction.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. Although FindLaw strives to provide the most current information, it is best to consult an attorney before making legal decisions.
Related Resources
- Illinois Criminal Laws
- Illinois Civil Statute of Limitations
- Time Limits for Charges: State Criminal Statutes of Limitations
Seek Legal Advice from a Criminal Defense Attorney
Understanding the complex rules of criminal law, particularly the statutes of limitations, can be challenging. If you or someone you know is facing criminal charges, it is best to seek legal advice from a criminal defense attorney. A criminal defense lawyer can evaluate the details of your case and determine the best possible defense for your situation. Contact a criminal defense attorney today and seek legal advice about your legal issue.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Illinois attorneys offer free consultations.
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