Navigating Criminal Statutes of Limitation in Oklahoma.
Understanding Criminal Statutes of Limitation in Oklahoma
My name is James Wirth. As a Tulsa attorney, I understand the importance of understanding the nuances of criminal law in Oklahoma. One of the most important aspects to consider is the statute of limitations in criminal cases.
In civil cases, a statute of limitations is typically viewed as an affirmative defense. This means that a plaintiff can file a case out of time, and it is the defendant’s responsibility to raise the statute of limitations. If properly raised, this can be grounds to dismiss the case. However, in criminal cases, the situation is different.
The Rule in Cox v. State
In the 2006 case Cox v. State, the court established that a statute of limitation may operate as an absolute bar to prosecution. This means that it implicates the temporal jurisdictional limits of the court’s power to adjudicate a case, as well as the state’s power to prosecute. Furthermore, the court explicitly stated that it would not presume a defendant waived the issue through silence or by failing to raise it in the trial court.
Recent Case of Starland v. Hill v. State of Oklahoma
A more recent case that sheds light on the issue is Starland v. Hill v. State of Oklahoma. This case involves the state filing criminal charges outside of the statute of limitations, and the defense not making a motion to dismiss. The defendant was ultimately convicted, and the issue was brought up on appeal.
The court in this case walked a fine line in determining whether the statute of limitation was a jurisdictional bar. While it did not completely deprive the court of jurisdiction, it also could not be waived through silence. Ultimately, the court found that the defendant did not waive the issue, even though it was not brought up until after the conviction.
Get Legal Advice for Your Circumstances
If you find yourself in a circumstance related to a criminal offense in Oklahoma, it is important to seek private, confidential advice specific to your situation. At my office, we specialize in providing tailored legal advice to those in need. To schedule an initial strategy session and speak with a criminal defense attorney in Oklahoma, visit makelaweasy.com
