How Long They Have To Charge You
Cts. & Jud. Proc. § 5-106 — 1 year for most misdemeanors, and none where the statute says
In Maryland, except as the section and two listed environmental and natural resources provisions provide, a prosecution for a misdemeanor is instituted within 1 year after the offense was committed.
Some misdemeanors have no limit. Where a statute provides that a misdemeanor is punishable by imprisonment in the penitentiary, or that a person is subject to this subsection, the State may prosecute the misdemeanor at any time.
| Offense | Instituted within |
|---|---|
| OffenseUnlawful use of a driver's license, or a false name on a license application | Instituted within2 years |
| OffenseA misdemeanor under the Public Ethics Law, or misconduct in office by a public officer | Instituted within2 years |
| OffenseA welfare offense under the Criminal Law Article | Instituted within3 years |
| OffenseListed tax offenses | Instituted within3 years |
| OffenseA misdemeanor under the State election laws | Instituted within4 years |
Many more particular periods are in the section and are not reproduced here. The section is written around misdemeanors and the listed offenses. Whether a prosecution was timely is a question for a court and for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Cts. & Jud. Proc. § 5-106 — Limitations on prosecutions for misdemeanors and certain felonies
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.