Maryland Criminal Statute of Limitations Laws

Statutes of limitations are state laws that set time limits for prosecutors and plaintiffs to file legal actions. Civil statutes of limitations ensure that plaintiffs file civil actions promptly while evidence is available and witness recollections are fresh. Criminal statutes protect a defendant's right to a speedy trial and ensure legal proceedings are not held over a defendant's head.

Maryland's criminal statutes of limitations give prosecutors ample time to file criminal charges for felonies. Serious crimes have no limitation period. Misdemeanors have a two- or three-year statute of limitations.

If you face criminal charges, hire a lawyer right away.

Tolling

Statutes may be suspended or tolled if the defendant is out of the state or unknown and can't be found.

Maryland Criminal Statutes of Limitation

Different types of crimes have different statutes of limitations. In Maryland, all serious felonies have no statute of limitations — that is, the prosecutor may bring charges whenever there is enough evidence.

Maryland Code Courts and Judicial Proceedings Section 5-106

Felonies

No time limit:

  • Murder
  • Manslaughter
  • Unlawful homicide
  • Misdemeanor, if punishable by imprisonment in the penitentiary
  • Rape

Three-year statute of limitations

  • Solicitation to commit first-degree or second-degree criminal offenses
  • Vehicular homicide
  • Computer crimes
  • Election law misdemeanors

Two-year statute of limitations

  • Maryland Public Ethics Law violations
  • Driver's license violations
  • Abuse or neglect of a vulnerable adult
  • Theft

Misdemeanors

All misdemeanor offenses not punishable by imprisonment have a one-year statute of limitations.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Maryland Criminal Statute of Limitations Laws: Related Resources

Get Legal Advice From a Maryland Criminal Defense Lawyer

Statutes of limitation exist to ensure fair trials. If you're facing criminal charges, you need an experienced Maryland criminal defense attorney to protect your civil rights and explain Maryland laws in your case.

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