Federal criminal charges are subject to time limits set by Congress. The general rule appears in 18 U.S.C. § 3282, and capital offenses are treated separately under 18 U.S.C. § 3281.
The General Five-Year Rule
For most non-capital federal offenses, the indictment or information must be brought within five years:
“Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.”
Capital Offenses
Offenses punishable by death carry no limitations period:
“An indictment for any offense punishable by death may be found at any time without limitation.”
The Speedy Trial Act
The Speedy Trial Act adds separate time limits that run from arrest or service of a summons, rather than from the date of the offense:
“Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges.”
The same Act generally requires trial to begin within seventy days of the later of the filing of the information or indictment or the defendant’s initial appearance, subject to periods of excludable delay.
How the Time Limits Interact
The statute of limitations in § 3282 measures the time between the offense and the charge; the Speedy Trial Act measures the time between arrest or summons and indictment, and between the charge and trial. A prosecution can fail if either clock is violated, and courts compute both carefully when a timeliness challenge is raised.