What Is the Statute of Limitations in Minnesota Criminal Cases?

The longer it takes to press charges against an individual suspected of committing a criminal offense, the more difficult it becomes to give them a fair trial. Memories fade, and reliable evidence becomes harder to collect.

To ensure fairness for those accused of wrongdoing, and to encourage prosecutors to proceed promptly with criminal cases, authorities introduced what are known as statutes of limitations. This legal doctrine, which applies to civil as well as criminal matters, imposes time limits following an incident before which proceedings must begin in relation to it.

This post covers the rules around statutes of limitations in Minnesota DWI cases and other matters.

What Is the Statute of Limitations in Minnesota DWI Cases?

The time limits that apply to criminal cases vary depending on the seriousness of the offense in question. In Minnesota, Section 628.26 of the Statute deals with limitations in criminal matters, setting out that limitations of nine, six, five, and three years are all possible.

Nine-Year Limitations

Sexual offenses and sex trafficking offenses, where victims are either over or under the age of 18, are subject to nine-year statutes of limitations where no physical evidence that can be DNA-tested is available for analysis.

Six-Year Limitations

The following types of offenses may have limitations periods of six years in Minnesota:

Labor trafficking where the victims are older than 18,
Fraud or theft in relation to Medical Assistance payments,
Bribery involving a public official, whether the official is accused of paying the money or receiving it.

Five-Year Limitations

The relevant limitation period is generally five years in cases involving any of the following:

Fraud involving checks or credit cards,
Financial exploitation of a vulnerable adult,
Certain types of theft, including identity theft,
First-, second-, or third-degree arson,
Some crimes related to infectious waste and hazards.

Offenses with a financial component must involve stolen goods or services with a value of $35,000 or more to qualify for five-year limitation periods, and identity theft must target at least eight victims.

Three-Year Limitations

These are the most common statutory limitation periods when it comes to criminal offenses in Minnesota; they apply in most cases other than those outlined above, including in Minnesota DWI cases. So, if you stand accused of a felony or misdemeanor DWI, the authorities have three years from the time you committed the offense to press charges against you. A notable exception to this rule occurs where an inebriated driving offense results in someone’s death, as discussed below.

Are All Criminal Offenses Subject to a Statute of Limitations?

Section 628.26 sets out that “any crime resulting in the death of the victim” will not be subject to a time limit in terms of complaints or indictments. Similar exceptions exist in cases involving kidnapping, labor trafficking of minors, and sexual offenses (of the first, second, or third degree) or sex trafficking if physical evidence of the alleged wrongdoing exists that may be accurately tested for DNA.

When Does the Clock Start to Run, and When Does It Stop Running?

The rules around statutes of limitations generally state that the clock starts running for the authorities when the commission of an offense is complete. Where there is a continuing element to the crime (such as in cases involving the possession of stolen goods, for example), the courts may deem that the time limit is not affected until the offense is complete.

The clock may temporarily stop running in one or more of the following situations:

You take up residence outside of Minnesota,
You take part in a pretrial diversion program related to the offense in question,
The authorities are carrying out DNA analysis on an item of physical evidence related to the trial, unless you can prove they deliberately delayed the analysis in an attempt to gain some advantage in the prosecution of your case.

Getting Help From a Minnesota DWI Lawyer

Statutes of limitations in Minnesota DWI cases exist to protect defendants from unfair criminal proceedings. If you feel the rules regarding time limits were not properly observed in your case, you should consult with a defense attorney to learn how the law applies to your specific circumstances.