Legal Question in Criminal Law in California

Stautue of Limitations

I need to know what is the statue of limitations on the pc459 they say its a felony charge with a 10,000 bail.


Asked on 8/14/03, 9:24 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Stautue of Limitations

This is first degree felony burglary. Statute of limitations as is other felonies 7 years. Call me directly at (619) 222-3504. If this is your first offense I may be able to negotiate acceptable resolution.

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Answered on 8/14/03, 11:32 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Stautue of Limitations

Thank you for your posting and your inquiry.

As stated, the statute of limitations on Penal Code section 459, burglary, is 7 years if filed as a felony. This means that the prosecution has seven years from the date of the alleged conduct, or from discovery of the conduct, to file charges against you.

If it was beyond 7 years, you may have grounds for a motion to dismiss for failure to provide a speedy trial.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at rmiller@expertlawfirm.com. It's my pleasure to assist in any way that I can.

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Answered on 8/14/03, 3:48 pm


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