Legal Question in Criminal Law in California
Mexican Jail
My brother Josh is in a Mexican Jail for a fight he got into at a nightclub. Looks like he's gonna be stuck there for quite a few months. It's real serious! Anyway, a former employer of his wants to press charges against Josh for him taking company property that they accuse him of taking. The amount of the company property they say is valued at about 6 thousand bucks. Josh tells me his ex employer can't do anything to him while he's in Mexico - especially since now he's got real bad legal problems there! Secondly, he lives in Mexico now and doesn't plan on entering back into U.S. any time soon. Is Josh's former employer pretty much out of luck when it comes to having him prosecuted?
1 Answer from Attorneys
Re: Mexican Jail
The amount taken is high enough to qualify as a felony. The statute of limitations is 3 years. Further once a criminal complaint has been filed the statute of limitations ceases to run. During the time he is out of the state will toll the statute of limations, that the time does not count against the running of the statute of limitations.
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