Matt BlazeAs a nonexpert in NY criminal procedure, I was curious about why any of Trump's falsified-business-records-porn-star-hush-money charges wouldn't be outside NY's 5 year (for the felony) and 2 year (for the misdemeanor) statue of limitations. The offenses allegedly occurred in 2017. But NY stops the clock for periods where the defendant is continuously out of state. Had he moved back to NYC instead of FL after leaving the WH, he might have beaten the misdemeanor rap.
Half Cocked Law@mattblaze I would also assume there is tolling during times when he can't be legally charged.
@halfcocked Not in the statute, at least. Just out of state or not reasonably locatable.
BruceThere was special "tolling" for COVID. I was told that his move to FL also stopped the clock. So the SoL has not lapsed or this would not be happening. Also, this is more-likely-than-not a felony because it was done in the furtherance of another crime.
@bruce_korb @halfcocked Yes, that's literally what my post said.
I did add that there was extra time for COVID. That's what keeps it alive for certain. The DA is mum about their pondering about the doesn't-live-in-NY part. IANAL anywhere, let alone NY, so my knowledge on that part is limited to lawyers who play lawyers on interview TV.
Bruce E. H. Johnson@mattblaze @halfcocked In these situations, tolling includes (1) time allocated to presidential immunity (4 years); (2) plus Gov. Cuomo issued an order tolling all SOLs during the Covid epidemic; (3) finally, any later criminal activities by the defendant (such as witness tampering) as part of his criminal scheme will extend the statute accordingly.