If You Are A Victim Of A Crime, Is It Fair To Wait 14 Months For The Suspect To Get Charged?
Why can a suspect wait 14 months to be charged? Backlog and priorities, explains Pierce County, Washington attorney Spencer Freeman. When someone is jailed, prosecutors must decide charges within 48 hours, so out-of-custody cases pile up awaiting review. Statutes of limitations still apply—one to two years for misdemeanors—but older cases, with fading witnesses, tend to favor the defense.
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Answered by Spencer Freeman · Pierce County, WA
Highlights
— the out-of-custody backlog that can delay charges 14 months
— why long delays let memories fade and evidence weaken
— the 48-hour clock that applies once someone is in custody
— how the statute of limitations pressures which cases move first
— why, for the defense, an older case is often easier to handle
Frequently Asked Questions
Why can a suspect wait 14 months to be charged?
Backlog and priorities—when someone is jailed, prosecutors must decide charges within 48 hours, so out-of-custody cases pile up awaiting review.
Do long delays weaken a case?
Yes—memories fade and evidence weakens over time, which tends to favor the defense in older cases.
What clock applies once someone is in custody?
A 48-hour clock—prosecutors must decide charges within 48 hours of a custodial arrest, which is why in-custody cases jump the queue.
Does the statute of limitations pressure timing?
Yes—one to two years for misdemeanors, which pushes which cases move first before the deadline runs.
Is an older case easier for the defense?
Often yes—with fading witnesses and weaker evidence, an older case tends to be easier for the defense to handle.
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