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 [email protected]. 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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