Is there still an applicable statute of limitations for a misdemeanor that was caught on video surveillance but reviewed after the statute o...

Question

Is there still an applicable statute of limitations for a misdemeanor that was caught on video surveillance but reviewed after the statute of limitation to prosecute has passed?

Answer

The statute of limitations starts to run when the crime is committed, and stops when prosecution commences (when a warrant is sworn, a citation is issued, an indictment is returned).

So the general answer is no. Wait too long to commence prosecution -- twelve months in the case of almost all misdemeanors -- and prosecution is barred.

BUT, there are exceptions that stop the running of the clock, a process known as "tolling" the statute of limitations. These can include leaving the state, or willfully concealing the commission of the crime (such as hiding the video tape).