How Long Do You Have to Press Charges for Theft?
General Overview
When someone steal’s your property, they commit a crime and disturb the peace. However, the question that arises immediately is: "How long do I have to report the theft and press charges?" The answer depends on various factors, including jurisdiction, type of crime, and the state or county’s laws.
Limitations on Filing Complaints
Reporting Delayed
In the case of theft, state laws typically give a minimum of 30 to 60 days from the date of the alleged occurrence to file a police complaint. However, the report can be made up to one year from the date of the offense for most states.
This time frame allows law enforcement to investigate the case while also giving the alleged victims time to gather information or evidence.
Marsden Hearing and Time Deadlines
The FBI’s Uniform Crime Reports, which are published by the FBI, suggest that most reported cases have a 60-30-10 ratio: approximately 60% are committed within 30 minutes or less, 30% within 1 hour and 10% beyond a day. However, filing a complaint immediately or relatively quickly is essential. With each passing day, opportunities for evidence collection or preservation may be lost, especially in cases where electronic footprints or witness testimony will be crucial.
California’s Marsden Hearing, for instance, mandates disclosure of evidence by a lawyer within 30 days from notification of the attorney. Delays in filing can severely impact the prosecution of certain cases.
Institutional Deadlines
Federal and state agencies also implement time limits for gathering and analyzing evidence or conducting investigations.
Table: Institutional Deadlines
| Institution | Time Limit | Information Collected/ Analzsed |
|---|---|---|
| FBI | 1 to 5 years | |
| IRS | No specific time limit, often 3 to 4 years | Tax records/evidence |
| SEC (Securities and Exchange Commission) | 6+ years | Financial data/accounting records |
In Federal cases, time limit for filing a criminal accusation is typically 5-7 years, and once the statute of limitations begins, the clock does not stop for future offense.
Factors Inflating the Limit Period
Factors Incurring Additional Time
Additional circumstantial evidence or factors involved in the crime might enable the extension of time-to-file charges:
Additional Factors
- Compounded crimes (e.g. theft with other serious offences)
- Complexity in an investigation
- International jurisdiction
- Evidence of organizational affiliation
The Legal Effect of Delay
When files are delayed or no one reports the theft promptly (as required), consequences typically include:
- Increased difficulty in investigating
- Reduced chance of witness testimony
- Presumed loss of potentially usable evidence
- Prosecution challenges in maintaining or proving the crime’s origin
When the Investigation is Over
Upon finding sufficient evidence and making positive identification, police can close the investigation for lack of leads, unless the case remains ongoing
The Ultimate Step: Filing Formal Complaint
Once an investigation starts, file your detailed report with the relevant institution (law enforcementagency, court, etc) within the established timeline This step ensures continued evaluation and potential prosecution
This article aims to educate crime victims on the timeframe expectations for reporting and pursuing crime charges.
