How Long They Have To Charge You
N.J.S.A. 2C:1-6 — five years for a crime, one for a disorderly persons offense, none for murder
| The offense | Time to commence |
|---|---|
| The offenseMurder, manslaughter, aggravated sexual assault, and the other offenses the section lists | Time to commenceAny time |
| The offenseA crime | Time to commenceFive years after it is committed |
| The offenseA disorderly persons or petty disorderly persons offense | Time to commenceOne year after it is committed |
| The offenseCertain official misconduct, bribery and related offenses the section lists | Time to commenceSeven years after the offense |
In New Jersey, time starts to run on the day after the offense is committed. Where the prosecution rests on physical evidence that identifies the actor through DNA or fingerprint comparison, time does not start until the state has both the physical evidence and the comparison evidence.
A prosecution for a crime is commenced when an indictment is found, and for a nonindictable offense when a warrant or other process is issued, provided it is executed without unreasonable delay.
When the time stops. The period does not run while a prosecution against the accused for the same conduct is pending in New Jersey, and the limits do not apply to any person fleeing from justice.
Certain sexual offenses against a victim under 18 have their own period, measured from the victim's eighteenth birthday or the victim's discovery of the offense. Whether a charge was brought in time is a question for a court and for a licensed New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 2C:1-6 — Time limitations for criminal prosecutions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.