Can COVID-19 Get You Out Of A Criminal Charge?

With everything else on hold during COVID-19, you may wonder if COVID-19 can put criminal charges on hold as well. You can still be charged with a crime, but things may be working a little differently right now.

What if You Only Got a Summons?

Due to COVID-19, police are trying to avoid taking people to jail. However, not being taken to jail does not mean you haven't been charged with a crime. The police may issue a summons or criminal citation for minor criminal offenses.

A summons is not a traffic ticket. A criminal citation means you have been charged with a crime exactly the same as if you were taken to jail. The only difference is that instead of going through the booking process and bailing out, signing the ticket means you're promising to appear in court to face the charges. If you don't go to court, a warrant will be issued for your arrest.

What About the Statute of Limitations?

The statute of limitations is still in effect. The statute of limitations means that the police have a certain amount of time to charge you with a crime. This is usually a few years after the crime was committed.

In most cases, the arrest happens soon after the crime and well before the statute of limitations. However, if COVID-19 slows down an investigation, it is possible that you may have the statute of limitations as a defense.

What About the Right to A Speedy Trial?

Once you've been charged with a crime, the prosecutor has a certain amount of time to bring the case to trial. This usually varies based on how severe the offense was. Some areas have strict time limits, and others leave it to the judge's discretion.

Even when there are strict time limits, the judge usually has some amount of discretion to waive those limits for good cause. With the courts slowed by COVID-19, the judges are more likely to say that the prosecutor isn't at fault for any delays, so it doesn't burden your rights to grant them an extension. However, a delay in the trial can impact your ability to get witnesses and other evidence or otherwise impact your life. You have the right to have your attorney argue that the case should be dismissed if you can't get a speedy trial.

To learn more about working with a criminal defense attorney on your case during COVID-19, contact a local law office.