Statute of Limitations for Criminal Charges in South Carolina

Most criminal cases in South Carolina don’t have a statute of limitations. This means the state can file charges at any time, whether it’s months or decades after the alleged offense. This rule applies to both felonies and misdemeanors, which is a rarity compared to many states that limit prosecution to a few years.

At Parker & Bain, we firmly believe that the timing of charges and investigations still matters. The longer the delay, the greater the chance that evidence will be lost or that witnesses will forget critical details. Our York criminal defense lawyers can leverage that to strengthen your defense strategy.

Does Timing Still Matter in York Criminal Cases?

While South Carolina law sets no expiration date on criminal charges, prosecutors are still bound by the constitutional principle of due process and fairness. The Sixth Amendment guarantees the right to a speedy trial, and the Fourteenth Amendment ensures due process. When law enforcement takes too long to act, it can violate those rights.

For instance, imagine you’re accused of embezzlement based on transactions that occurred eight years ago. If the police waited years to investigate, your York criminal defense attorney could argue that the delay unfairly compromised their ability to locate key records or witnesses. Likewise, they can move to dismiss or suppress evidence when such a delay crosses the line into prejudice.

Timing also affects plea negotiations and trial outcomes. Prosecutors typically file charges strategically, waiting until an investigation has built sufficient leverage or witnesses become more difficult to locate. Understanding how time influences the strength of the state’s case against you is central to creating an effective defense.

What About Federal Crimes?

Most federal offenses must be charged within five years of the alleged act. Some serious crimes, including murder, terrorism, or child exploitation, have no limit, while financial crimes such as fraud or tax evasion may allow for more extended time frames.

For example, if you are under federal investigation for drug trafficking or wire fraud in York, prosecutors typically have five years to file charges. If they miss that deadline, your attorney can move for dismissal. The key is determining whether your case falls under state or federal jurisdiction, as this determines which clock, if any, applies.

Our Criminal Defense Attorneys Fight to Protect You

If you’ve been accused of a crime or believe you may be under investigation, it’s vital to understand how timing can impact your rights. A York criminal defense lawyer can examine whether charges were filed promptly, whether the state delayed in a way that violates due process, and whether federal time limits apply.

Likewise, they can scrutinize every piece of evidence, including when it was collected, how it was preserved, and whether it remains trustworthy after years of inactivity. In some cases, challenging the timing of the state’s actions can lead to a complete dismissal or reduced charges. In others, exposing lost or degraded evidence can weaken the prosecution’s case enough to secure a favorable plea or acquittal.

Connect With Our Defense Lawyers

If you wait until after charges are filed, you lose valuable ground. The earlier a York criminal defense attorney gets involved, the greater your chances of identifying procedural errors, evidentiary gaps, or expired deadlines under federal law.

To learn whether a statute of limitations applies to your case, reach out to Parker & Bain, LLC. You can easily arrange your confidential case evaluation with our York criminal defense attorneys. Contact us online or call 864-252-2650.