---
title: "Record the federal non-capital period without deciding the prosecution is in time"
url: "https://ailawframework.com/practice/criminal-law/check-the-time-limit-for-commencing-a-commonwealth-prosecution/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A20-RO20261022-1-US"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the federal non-capital period without deciding the prosecution is in time

> Record the offense the charge names and the date of commission the file states. Do not place the charge in a one-year class and do not say the prosecution is in time.

Canonical page: https://ailawframework.com/practice/criminal-law/check-the-time-limit-for-commencing-a-commonwealth-prosecution/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Record the offense the charge names and the date of commission the file states. Do not place the charge in a one-year class and do not say the prosecution is in time. |
| What the lawyer must review | You decide whether a prosecution is in time. Section 3282(a) says that, except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after the offense was committed. The tool does not apply a statute that was not opened. Section 3282(b) is a DNA-profile indictment path for an offense under chapter 109A. It is not a five-year rule for every offense, and chapter 109A was not opened. Capital offenses are the neighboring section, which was not opened. Offenses against children in section 3283 were not opened. No one-year summary class was opened. Model Rule 3.3 applies if you state a limitation period to a court. Formal Opinion 512 requires you to verify the date before you rely on a tool. |
| Written for | United States |
| Applies to | [Check the time limit for commencing a Commonwealth prosecution](https://ailawframework.com/practice/criminal-law/check-the-time-limit-for-commencing-a-commonwealth-prosecution.md) |

## Checking plan

- What the AI does: Record the offense the charge names and the date of commission the file states. Do not place the charge in a one-year class and do not say the prosecution is in time.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not use five years where another statute expressly provides a different period.
- Do not count the last day. No counting rule was opened.

## Sources

- [18 U.S.C. § 3282 (offenses not capital)](https://www.law.cornell.edu/uscode/text/18/3282) (checked 2026-10-22)
- [ABA Model Rule 3.3, Candor toward the Tribunal](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*