Legal Question in Criminal Law in California

What is the statue of limitation for a 15 year old embezzlement case? In this case, someone was arrested 15 years ago and then let go on bail but that someone never returned to the police due to negligence, now he is arrested after 15 years, could statue of limitation apply here? Thank you in advance.


Asked on 8/27/13, 7:24 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Statutes of limitations only deal with when charges are filed. If charges in this case were filed before the limitations period ended then the defendant can still be arrested, tried, convicted and punished no matter how many years have passed since then.

If the law were otherwise it would reward people for defying the law. Calling it "negligence" does not change the answer, even if that's really what it was.

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Answered on 8/27/13, 7:33 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman. There is no statute of limitations that applies once charges have been filed and someone becomes a fugitive.

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Answered on 8/27/13, 9:04 pm
Joe Dane Law Office of Joe Dane

The statute of limitations has to do with how long the prosecution has to file charges. In general, it's three years on a felony, but in fraud and embezzlement, the statute may be extended or may only begin to run upon discovery of the theft.

Having said that...

If the charges were filed within the statute of limitations, the case can legally go forward. The bigger question is whether or not the prosecution can still prove a 15 year old case.

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Answered on 8/28/13, 12:19 am


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