Home – Practice Areas – Q and A - Statute of Limitations
‘How long do the police have to charge you with a crime in Minnesota? A friend was pulled over, fought with the cops and got bit by police dogs. He was arrested for assaulting a police officer and possession of drug paraphernalia. How long do the police have to charge him?'
Answer
Under the statute of limitations, a person can be charged within three years of the date of these alleged offenses. It is very rare, however, for a prosecuting attorney to wait that amount of time to file charges, and instead would likely file charges within days or weeks of the arrest. It is important to note that following an arrest, a person must be brought in front of a judge for a bail hearing within 36 hours of their arrest (not including the day of arrest, Sundays, or holidays). If no immediate charges are filed, the arrested person must be released within 48 actual hours from the time of the arrest. In that situation, if charges are still to be issued, they will likely be received in the mail along with a court notice. A prosecutor could elect to issue charges as a warrant during the allotted three year statute of limitations, but that is unlikely in this specific situation.
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