by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The issue that a prosecution was not timely instituted may be raised at any time, but only once, and shall be tried by the court alone. If raised during the trial, a hearing thereon may be deferred until the end of the trial.The state shall not be required to allege...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a criminal prosecution is timely instituted in a court of proper jurisdiction and the prosecution is dismissed by the district attorney with the defendant’s consent, or before the first witness is sworn at the trial on the merits, or the indictment is...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The periods of limitation established by this Chapter shall be suspended when a civil suit is filed as provided in R.S. 11:2261.1(C).La. Cr.P. § 575.1Added by Acts 2018, No. 115,s. 2, eff. 8/1/2018.
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The periods of limitation established by this Chapter shall be interrupted when the defendant:(1) For the purpose of avoiding detection, apprehension or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The time limitations applicable to the offense for which a person is prosecuted apply to a conviction or punishment for a lesser and included offense.La. Cr.P. § 574
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The time limitations established by this Chapter shall not commence to run as to a crime described in R.S. 11:2261.1(C) and committed against the Firefighters’ Retirement System until the crime is discovered by the Firefighters’ Retirement System.La. Cr.P....
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