Mar 15, 2010 Criminal statutes of limitation
If a misdemeanor prosecution seems to have started too long after the alleged crime, perhaps that is true.
In Maryland, generally and with some exceptions, no misdemeanor prosecution may commence over one year beyond the date of the alleged crime. Md. Code, Crim. Law art. § 3-308(b). This statute of limitations applies where the applicable misdemeanor statute does not make punishment available in the penitentiary rather than in the local jail. In re Anthony R., 362 Md. 51, 763 A.2d 136 (2000). The statute must specifically state that penitentiary sentencing is available in order for the one-year statute of limitations not to apply.
The foregoing statute of limitations applies to juvenile court matters, as well. In re Anthony R., 362 Md. 51, 763 A.2d 136. Jon Katz