Child Rapist walks free!

[Martinus]

So even though he's released for now, can he still be charged and a process can go ahead?

Well, generally, unless there is a court ruling acquitting him, double jeopardy does not apply, so he can still be charged. Unless the prosecution is barred by the statute of limitation, but I assume it isn't (given that Polanski's case seems to imply there isn't any when it comes to sexual crimes against minors). Could be a state-by-state thing though.

[Razgovory]

So even though he's released for now, can he still be charged and a process can go ahead?

Well, generally, unless there is a court ruling acquitting him, double jeopardy does not apply, so he can still be charged. Unless the prosecution is barred by the statute of limitation, but I assume it isn't (given that Polanski's case seems to imply there isn't any when it comes to sexual crimes against minors). Could be a state-by-state thing though.

Well in the US, a case can be dismissed with prejudice and I think that means it can't be refiled.  It might apply here.  It's unfortunate, because the guy is guilty (assuming that the evidence that the Prosecutor's office says exists actually exists, and if it doesn't that might explain why they kept it from trial), and should be in jail.  Still the guy has rights and disregard of those rights is also a serious crime.

[dps]

So even though he's released for now, can he still be charged and a process can go ahead?

Well, generally, unless there is a court ruling acquitting him, double jeopardy does not apply, so he can still be charged. Unless the prosecution is barred by the statute of limitation, but I assume it isn't (given that Polanski's case seems to imply there isn't any when it comes to sexual crimes against minors). Could be a state-by-state thing though.

Statues of limitations set a time limit between the commission of an alleged crime and the bringing of formal charges.  Formal charges against Polanski were filed well within the time limit.  In fact, his guilt had already been adjudicated.  He fled to avoid serving his sentence.  Basically, his status is the same as someone who has escaped from prison.

[Malthus]

Statues of limitations set a time limit between the commission of an alleged crime and the bringing of formal charges.  Formal charges against Polanski were filed well within the time limit.  In fact, his guilt had already been adjudicated.  He fled to avoid serving his sentence.  Basically, his status is the same as someone who has escaped from prison.

That's actually something I know nothing about - are there any limitations on returning someone to custody who escaped from prison? I assume that there aren't, but I have no idea.

[Barrister]

Statues of limitations set a time limit between the commission of an alleged crime and the bringing of formal charges.  Formal charges against Polanski were filed well within the time limit.  In fact, his guilt had already been adjudicated.  He fled to avoid serving his sentence.  Basically, his status is the same as someone who has escaped from prison.

That's actually something I know nothing about - are there any limitations on returning someone to custody who escaped from prison? I assume that there aren't, but I have no idea.

Limitations like a statute of limitations?  No.  There may be some kind of extraordinary remedy available (I dunno, an abuse of process kind of argument) but that's about it.

[Malthus]

Statues of limitations set a time limit between the commission of an alleged crime and the bringing of formal charges.  Formal charges against Polanski were filed well within the time limit.  In fact, his guilt had already been adjudicated.  He fled to avoid serving his sentence.  Basically, his status is the same as someone who has escaped from prison.

That's actually something I know nothing about - are there any limitations on returning someone to custody who escaped from prison? I assume that there aren't, but I have no idea.

Limitations like a statute of limitations?  No.  There may be some kind of extraordinary remedy available (I dunno, an abuse of process kind of argument) but that's about it.

Maybe something discretionary like a pardon?

[Martinus]

So even though he's released for now, can he still be charged and a process can go ahead?

Well, generally, unless there is a court ruling acquitting him, double jeopardy does not apply, so he can still be charged. Unless the prosecution is barred by the statute of limitation, but I assume it isn't (given that Polanski's case seems to imply there isn't any when it comes to sexual crimes against minors). Could be a state-by-state thing though.

Statues of limitations set a time limit between the commission of an alleged crime and the bringing of formal charges.  Formal charges against Polanski were filed well within the time limit.  In fact, his guilt had already been adjudicated.  He fled to avoid serving his sentence.  Basically, his status is the same as someone who has escaped from prison.

In Polish legal system (which is based on French and German) you have three different statutes of limitations - for bringing charges, for sentencing and for enforcing the punishment. Each one is longer than the previous one, but at the end of the day even if you have a prison sentence pending, you can eventually get out of it through lapse of time.

Btw, "statues of limitations" sounds like something out of D&D.

Edit: Apparently, since my bar exam (I don't practice criminal law), the first two statutes of limitation have been unified, so there are only two. For a child rape (which is not a gang rape or rape with particular cruelty), the initial statute of limitation would be 15 years from the moment the crime was committed (irrespective of whether the charges were brought or not) and then the statute of limitations on the enforcement of sentence would be 30 years from the sentence if he was sentenced to more than 5 years in prison, 15 years for shorter imprisonment, and 10 years for any other sentence (such as community service or a fine).

[Razgovory]

Statues of limitations set a time limit between the commission of an alleged crime and the bringing of formal charges.  Formal charges against Polanski were filed well within the time limit.  In fact, his guilt had already been adjudicated.  He fled to avoid serving his sentence.  Basically, his status is the same as someone who has escaped from prison.

That's actually something I know nothing about - are there any limitations on returning someone to custody who escaped from prison? I assume that there aren't, but I have no idea.

Well, they can die.