The clock on a criminal statute of limitations stops running when the defendant is out of state.

The clock on a criminal statute of limitations stops running when the defendant is out of state.

• A. False
• B. True
• C. It stops only for certain offenses
• D. It never stops

Answer: (B)

When a statute of limitations is tolled, time stops counting because the defendant isn’t available to be charged or tried. Being out of state creates a practical barrier to prosecution, since the state may not be able to locate, serve, or try the defendant while they’re away. To prevent the time limit from unfairly expiring while the defendant is unreachable, the clock stops running during their absence and typically resumes when they return or can be served. That’s why the correct choice is that the clock stops when the defendant is out of state. It reflects the tolling principle that time does not advance while a key participant in the case cannot be reached. Note that rules about tolling can vary by jurisdiction and by offense, but the general concept supports why absence from the state tolls the limitations period.

When a statute of limitations is tolled, time stops counting because the defendant isn’t available to be charged or tried. Being out of state creates a practical barrier to prosecution, since the state may not be able to locate, serve, or try the defendant while they’re away. To prevent the time limit from unfairly expiring while the defendant is unreachable, the clock stops running during their absence and typically resumes when they return or can be served.

That’s why the correct choice is that the clock stops when the defendant is out of state. It reflects the tolling principle that time does not advance while a key participant in the case cannot be reached. Note that rules about tolling can vary by jurisdiction and by offense, but the general concept supports why absence from the state tolls the limitations period.