Legal Question in Criminal Law in Colorado
I have a close friend who may be charged with petty theft. This incident occured over a week ago. He has not been charged or questioned as yet. The money that was taken was immediately returned to the "victim". Can he still be charged with a crime even though it has been over a week and no charges filed as yet?
3 Answers from Attorneys
Of course he can. The prosecutor can file charges at any time until the statutory limitations period expires. I don't know what the applicable limitation is (a Colorado lawyer may know of the top of his head), but it is surely much more than a week. Limitations are usually measured in years.
I presume the alleged crime occurred in Colorado. The statutory period is, generally, 18 months for a misdemeanor and 3 years for a felony. Any theft under $1,000 is a misdemeanor. Therefore within these periods your friend can be charged if the alleged victim reports the crime to the police.
Yes
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