I would like to know what is the statute of limitations on murder and attempted murder in the state of Iowa.
Thank you in advance!

There isn't one. As in most states, the statute of limitations doesn't apply to capital crimes.

Iowa statutes provide:

802.1 MURDER: A prosecution for murder in the first or second degree may be commenced at any time after the death of the victim.

For a lesser charge, like an aggrevated felony, it's typically three years in Iowa, EXCEPT that the statute of limitations is tolled (isn't ticking down) if the suspect is out of state.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Thank you very much!!!!

Aardvarc is correct on this.

Thank you again. I appreciate your answers.
Are there lawyers on here to ask more personal questions- one on one advice- but not for actual making a case?
This is a family matter and I do not want to post it on here for the public, but still want a few more questions
answered before I take further action, if I do.
Thank you again.

Actually, the making of a criminal case is the burden of the state. Where a persons actions result in the death of another murder is only one possibility. Other possibilities might be manslaughter, justifiable homicide (aka self defense), or neglegent homicide (did something stupid and someone ended up dead). There are different statutes of limitations for since they are not capital crimes (they are NOT punishable by death penalty or life in prison without parole if convicted). The easy thing is that some witness or person with information on such a crime doesn't have to know anything - all they have to do is make the report. It is up to police to investigate and arrest on charges, and up to prosecutors to bring whatever level of criminal charge they feel applies to the case. So don't feel like you have to know all the answers - because your tax dollars pay for law enforcement and the courts to FIND those answers and to hold offenders accountable.

On the flip side of the coin, there can also be civil cases against offenders - like the OJ case - where secondary victims like spouses or children of murder victims sue for everything from medical bills, to loss of income to the family, etc. However, you have to remember that if there's a criminal conviction, the odds of an offender having much left to pay any award with are probably going to be minimal unless they happen to be rich. For these types of cases, there are definite statutes of limitations, and if you're considering such a case, you should consult with a local attorney ASASP - most will give at least an initial consultation for free.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Thank you!
You actually answered a few of my questions.
I'm seeing that although there was a crime, there may never be a criminal conviction.
I will think about consulting an attorney.
Thank you again
Lenaleanna

Each day that goes by without authorities being notified of the possibility of a crime having taken place reduces the chances for fruitful investigation, and thus for conviction.

While it's technically POSSIBLE to bring a civil case without some level of law enforcement investigation being conducted - without law enforcement being the ones to collect evidence, conduct interviews, and otherwise investigate (and remember, the medical examinor or coroner IS a law enforcement person), then there is not much USEFUL evidence to present in a civil case. Evidence and statements collected by law enforcement have a MUCH better chance of being admitted into a civil case than evidence or testimony that is "self collected" or obtained second hand.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Thank you again, aardvarc.
I greatly appreciate your advice.
Lenaleanna

A few other notes that may be helpful:

If the deceased person in question is already deceased, has the death been discovered? If so, then the next steps happen in only a few ways:

1) The person dies while under the direct care of a physician (such as being in a hospital, a nursing home, or having regular home visits such as hospice care), in which case the physician signs the death certificate certifying the cause of death. If natural causes or disease, the death certificate is filed, the state makes note if disease was involved, and that's the end of it - the body is then released for final arrangements (burial, cremation, etc.). The family can REQUEST that an autopsy be performed, but unless specifically requested, this isn't done unless there is SOME suspicion of foul play, dangerous contageious disease, etc. ,......or......

2) If the person wasn't under a physician's care, then they go to the medical examiner's office (coroner) whose job it is to discover the cause of death. As an officer of the court and a special type of law enforcement officer/consultant (a little different in each state), the medical examiner's job is to discover if criminal activity could have played a role in the death, and if so to notify police and aid in the investigation. Either way, the M.E.'s office works to classify the cause of death and to note it on the death certificate whenever a determination can be made (rarely, but sometimes, a cause cannot be determined - for children these deaths are usually classified as "SIDS", for adults it is usually listed as "Indeterminant"). M.E.'s do everything they can to AVOID these types of classifications (and they only come after a RIGOROUS examination, evaluation of fluids, toxicology screening, drug screening, etc. has ruled out other possibilities).

So knowing what the death certificate says can be very important (and, in most states, copies of the autopsy report can be obtained - although things like photos are usually removed, so you only get the written report). If police have reason after the death certificate has bene issued, they can certainly get the photos and related investigation - but it is EXCEEDINGLY rare for a murder case to be re-opened after the M.E.'s office has reached some conclusion OTHER than "homicide".

For civil cases involving homicide, generally only persons who had either some expense due to the death, or who were dependant on the person OR who could reasonably LATER be dependant on that person typically bring a lawsuit. For example, a parent bringing suit if a child was murdered, a child bringing suit if a parent was murdered or a husband or wife if their spouse was murdered. As such, typically people like siblings, extended family like cousins/aunts/uncles/grandparents, friends, neighbors, co-workers, etc. can't bring suit UNLESS there was some established link that would replace the parent/child or spouse/spouse linkage (for example a foster parent could sue, or grandparents could sue IF they were the primary family linkage where the parents were dead or stripped of parental rights). Once a case for quantifiable damages is established, THEN the door is open for punative damages (amounts awarded as "punishment" and as a warning to others not to do the same thing). And, as in ANY civil case, even winning doesn't mean the suing party ever ACTUALLY sees a dime.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org