Legal Question in Criminal Law in California

Re: What date do I use?

February 2002 is the appropriate start date, but I'm not sure it will help you.

The problem is that the limitation period for fraud is four years. The statute may have started ticking in February of 2002, but it stopped in March of 2004 when the original complaint was filed. It then restarted a year later when the case was dismissed without prejudice, but it stopped again when the amended complaint was filed two years after that.

It sounds like just over four years elapsed in the meantime, but without knowing the exact dates on which the crime was discovered or on which the case was initially dismissed I can't be sure. Prosecutors are pretty good about filing on time, and it may be that they re-filed your case just before their time ran out.

Your best bet is to stop representing yourself and get a lawyer. Even if the statute of limitations defense doesn't work out for you, a lawyer will be much better able to fight the charges than you will.

Good luck.

Re: What date do I use?

You can try to argue anything you like. Winning is going to require proper facts, evidence and appropriate legal skill in the proceedings. Sure, you might be right. Without being sarcastic, you are not being realistic if you think you can fight an experienced attorney who has already concluded he is justified in bringing the case. If you know how to do all the things necessary to handle the case properly, great, otherwise hire an attorney to do it for you. What is the cost if you lose, versus the price of counsel? You decide. Feel free to contact me if serious about doing so.