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How long does a company have to file embezzlement charges in Illinois?

How long does a company have to file embezzlement charges in Illinois?

Q: How long do you have to press charges on someone in Illinois?

In Illinois, the time you have to press charges against someone depends on the type of crime. For felonies, you generally have three years to file charges, while for misdemeanors, the limit is one year and six months. Specific circumstances, such as the discovery of embezzlement, can alter these time frames (720 ILCS 5/3-5).

Full question:

In a embezzlement case when charges have not been filed. How long does a company have to file them. This is for someone living in that state of Illinois

Category: Criminal
Subcategory: Statute of Limitations
Date: 04/07/2025
State: Illinois

Answer:

In Illinois, the time limit for filing embezzlement charges depends on whether the offense is classified as a felony or a misdemeanor. Generally, a prosecution for a felony must begin within three years of the offense, while a misdemeanor must be filed within one year and six months (720 ILCS 5/3-5).

However, specific rules apply to theft involving a breach of fiduciary duty. In such cases, charges can be filed within one year after the aggrieved person discovers the offense or within one year after the prosecuting officer becomes aware of it. This time frame can be extended up to three years beyond the standard limitation period (720 ILCS 5/3-6).

It's important to note that certain periods may be excluded from the limitation, such as if the defendant is not publicly residing in Illinois or if a prosecution is already pending for the same conduct (720 ILCS 5/3-7).

For financial crimes related to embezzlement, the limitation period begins when the last act in furtherance of the offense is committed (720 ILCS 5/16H-65).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the longest you can wait to press charges?

In Illinois, the longest you can wait to press charges for embezzlement depends on the classification of the offense. For felonies, charges must be filed within three years, while for misdemeanors, the limit is one year and six months. However, if the offense involves a breach of fiduciary duty, the time frame can be extended to one year after discovery, potentially up to three years beyond the standard limit (720 ILCS 5/3-6).

How long does Illinois have to charge you with a crime?

Illinois has specific time limits for charging individuals with crimes, known as statutes of limitations. For felonies, the limit is typically three years, while for misdemeanors, it is one year and six months. Certain exceptions may apply, especially in cases involving embezzlement or theft with a breach of fiduciary duty (720 ILCS 5/3-5).

How long can a felony case stay open in Illinois?

In Illinois, there is no strict time limit for how long a felony case can stay open once charges are filed. However, the prosecution must initiate the case within three years of the offense occurring. If the case is ongoing, it may remain open until resolved, but the statute of limitations prevents charges from being filed after three years (720 ILCS 5/3-5).

Can police prosecute if victim doesn't press charges in Illinois?

Yes, in Illinois, law enforcement can prosecute a case even if the victim does not press charges. The state has the authority to pursue criminal charges based on evidence and the severity of the offense, particularly in cases of serious crimes like embezzlement. The decision to prosecute ultimately lies with the state’s attorney's office.

What is the statute of limitations on embezzlement in Illinois?

The statute of limitations for embezzlement in Illinois varies based on the nature of the offense. Generally, charges for felony embezzlement must be filed within three years, while misdemeanor charges have a limit of one year and six months. In cases involving a breach of fiduciary duty, the time frame can extend up to three years after the victim discovers the offense (720 ILCS 5/3-5).