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Statute of Limitation Violation by the State

Posted by John P. Rutkowski | Sep 09, 2017 | 0 Comments

The trial court erred in denying motion to dismiss charge of lewd or lascivious molestation of child between 12 and 16 years of age based on expiration of statute of limitations where prosecution was not commenced within three years of date underlying incident was first reported to Department of Children and Families, a governmental agency.

The state argued that the limitations period was not triggered until incident was reported to State Attorney's Office, however, that understanding is contrary to plain language of statute.

Although statute also requires the governmental agency that learned of allegation to promptly report allegation to the state attorney, this requirement does not change the start of limitations period.

The state argued for the first time on appeal, that the statute of limitations was not triggered when incident was reported to DCFS case worker because the DCFS report made no specific mention of the precise conduct underlying the charge does not change result because state conceded to trial court that incident was reported to DCFS.

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.