rules-of-court arrest due-process
How long can the government charge you after arrest but before trial?
<p>If a person has been arrested already, can the federal government bring up additional felony charges while that person awaits trial? </p>

<p>And if so how long does the government have to bring up the charges before trial? </p>

<p>And will the charges be in one trial or in a separate trial? </p>

<p>Say a man is arrested for embezzlement, and while awaiting trial the arresting agency found evidence of tax fraud. Could the agency charge the man with tax fraud and embezzlement in one trial, or would it need to be two separate trials? </p>

<blockquote>
  <p>If a person has been arrested already, can the federal government bring up 
  additional felony charges while that person awaits trial? </p>
</blockquote>

<p>Yes, they can bring related and unrelated charges as long as they are within the applicable statute of limitations.</p>

<blockquote>
  <p>And if so how long does the government have to bring up the charges
  before trial?</p>
</blockquote>

<p>The general statute of limitations for federal offenses is 5 years. This means that formal charges or an indictment must be filed with 5 years of when the offense was committed. <a href="https://www.law.cornell.edu/uscode/text/18/3282" rel="nofollow">18 U.S.C. 3282</a>. However, there are numerous exceptions to this rule.</p>

<p>For example, Congress has chosen longer periods for specific types of crimes – 20 years for the theft of art work; 10 years for arson, for certain crimes against financial institutions, and for immigration offenses; and 8 years for nonviolent violations of the terrorism-associated statutes which may be prosecuted at any time if committed under violent circumstances.</p>

<p>Also, tax fraud has an extended statute of limitations. Under <a href="https://www.law.cornell.edu/uscode/text/26/6531" rel="nofollow">26 U.S.C. § 6531</a>, there is a 3 year statute of limitations for criminal violations of the tax code; however, there is a 6 year statute of limitations on: willfully attempting to evade or defeat any tax (<a href="https://www.law.cornell.edu/uscode/text/26/7201" rel="nofollow">§ 7201</a>), willfully failing to pay any tax or file any tax return (<a href="https://www.law.cornell.edu/uscode/text/26/7203" rel="nofollow">§ 7203</a>), filing a false return (<a href="https://www.law.cornell.edu/uscode/text/26/7206" rel="nofollow">§ 7206(1)</a>), aiding or abetting the preparation of a false return, claim, or other document (<a href="https://www.law.cornell.edu/uscode/text/26/7206" rel="nofollow">§ 7206</a>(2)) and submitting false documents (<a href="https://www.law.cornell.edu/uscode/text/26/7207" rel="nofollow">§ 7207</a>). </p>

<p>Embezzlement is subject to the general 5 year statute of limitations.</p>

<p>However, this where a statute of limitations analysis gets extremely facts specific. Certain circumstances can toll or pause the statute of limitations, such as a defendant being a fugitive, if the crime is a continuing act, or if it was part of a conspiracy. </p>

<p>Check out the Congressional Research Report titled <a href="http://fas.org/sgp/crs/misc/RL31253.pdf" rel="nofollow">Statutes of Limitation in Federal Criminal Cases: An Overview</a> for a more robust discussion of these issues.</p>

<blockquote>
  <p>And will the charges be in one trial or in a separate trial?</p>
</blockquote>

<p>Again, this a fact specific inquiry for a judge to decide. However, they can be joined if they are "are of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan." <a href="https://www.law.cornell.edu/rules/frcrmp/rule_8" rel="nofollow">Fed. R. Crim. P. 8(1)</a>. <em>See also</em> <a href="https://www.law.cornell.edu/rules/frcrmp/rule_13" rel="nofollow">Fed. R. Crim. P. 13</a> (allowing a judge to order that separate cases be tried together if they could have been filed as one case in the beginning).</p>

<blockquote>
  <p>Say a man is arrested for embezzlement, and while awaiting trial the
  arresting agency found evidence of tax fraud. Could the agency charge
  the man with tax fraud and embezzlement in one trial, or would it need
  to be two separate trials?</p>
</blockquote>

<p>Assuming the statute of limitations is not an issue, they <em>could</em> (and probably would) be made part of the same trial; however, a judge is not required to so.</p>
