Can a criminal defendant waive the benefit of a statute of limitations to a lesser offence than that charged?

California, United States of America


The following excerpt is from Bickel v. City of Piedmont, 16 Cal.4th 1040, 68 Cal.Rptr.2d 758, 946 P.2d 427 (Cal. 1997):

A recent decision of this court on the issue of waiver provides some guidance. In Cowan v. Superior Court (1996) 14 Cal.4th 367, 58 Cal.Rptr.2d [16 Cal.4th 1050] 458, 926 P.2d 438, this court held that a criminal defendant may waive the benefit of a statute of limitations to a lesser offense than that charged. We observed that in criminal prosecutions a statute of limitations "exists partly for the defendant's benefit" and partly to achieve certain public benefits, such as encouraging swift and effective law enforcement, thereby enhancing the deterrent effect of criminal sanctions. (Id. at pp. 374-375, 58 Cal.Rptr.2d 458, 926 P.2d 438.) Notwithstanding the existence of such public benefits, we concluded that a criminal defendant may indeed waive a statute of limitations if the waiver is knowing, intelligent, and voluntary; if the waiver is made for the defendant's benefit after consultation with counsel; and if the waiver does not disadvantage the defense " ' "or contravene any other public policy reasons motivating the enactment of the statutes." ' " (Id. at p. 372, 58 Cal.Rptr.2d 458, 926 P.2d 438.)

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