Last week we let you know that Broncos cornerback, Aquib Talib, and his brother were under investigation for aggravated assault in Dallas. The investigation has been suspended. Thus far, there is a lack of evidence to pursue criminal charges. Police have interviewed witnesses and completed forensic investigation, but without additional leads, the investigation is at a stand still.
This does not mean the Talib brothers are cleared. Police have not said the investigation was closed. In addition, even if the investigation was closed, this does not mean it could not be reopened. In Colorado, and also likely in Texas, there is a statute of limitations that prevents law enforcement and prosecutors from filing charges after a certain amount of time has passed. The more serious the crime, the longer the statute of limitations, meaning the more time law enforcement has to investigate and the prosecution has to file charges.
A common question is whether the statute of limitations applies when a case is old. The answer to this question is no. Once a case has been filed, the statute of limitations no longer applies. For example, if police investigate an assault and apply for a warrant for a person’s arrest for that crime, then, even if the person is picked up on the warrant decades later, the person charged must still go to court to address the case. In contrast, if police are investigating an assault, but do not come up with enough evidence to get a warrant, then after a certain amount of time, the suspect can no longer be charged.
The Talib brothers have not been cleared as a result of the investigation, but the more time that passes without sufficient evidence to charge them, the more likely it becomes that charges will never be filed.