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.
2 Answers from Attorneys
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.
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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