Can You Be Charged with a Crime After the Fact in Massachusetts?

Yes, you can absolutely be charged with a crime days, weeks, or even years after something happened.

Police and prosecutors aren’t required to arrest you immediately. They can investigate first, gather statements, review evidence, and then apply for charges once they think they have probable cause. This is common in drug cases, hit-and-runs, and financial crimes.

As long as the charges are filed within the statute of limitations, they’re valid. For most misdemeanors and felonies, that’s six years. But for some serious offenses, there’s no time limit.

If you hear that someone made a complaint against you—or if you get a summons in the mail—it doesn’t mean you’re too late to defend yourself. In many cases, we can challenge the credibility of the evidence or even argue for dismissal at a clerk magistrate hearing.

Don’t assume that time has made the problem go away. If you think you might be charged—or already have been—talk to a lawyer right away. Early action can make a big difference.

What Is the Statute of Limitations for Criminal Charges in Massachusetts?

The statute of limitations is the legal time limit for filing criminal charges. Once the period expires, the state generally can’t prosecute—no matter the facts.

In Massachusetts, the time limit depends on the charge:
- Most misdemeanors: 6 years
- Most felonies: 6 years
- Serious crimes (e.g., murder): No time limit

However, the clock can pause (or “toll”) if the accused is out of state, in hiding, or under certain other conditions. For example, if someone leaves Massachusetts after the incident, the statute may stop running until they return.

If you're facing old charges or a recent complaint about an old event, an experienced defense lawyer can examine whether the statute of limitations has expired—and move to dismiss the case if it has.