Legal Question in Criminal Law in New York

limitations extension on theft
A garage owner switched an engine on a car I own. He replaced a good tested original engine in a classic car he was restoring with a worthless cannibalised blown junker. He then spun out the total restoration job (which can take years) for even more years so I would not discover this; and when I finally got exasperated with his obviously having stopped the work he had agreed to do, delivered the uncompleted car to a potential purchaser. Later in the restoration we discovered what he had done. Can limitations be extended to take account for his cover-up of this theft or can he get away with this if we don't discover what he has done within the limitation period?

I have all the proof I need for this but Motor Vehicle Crimes Division of the NYPD (who can see what happened and have said they want to prosecute) is asking for some authority letting them tell the DA's office that this is something which SHOULD be prosecuted. (Obviously a civil action would follow the criminal prosecution and indeed he has just laid himself open to this. But any civil action, not to mention settlement of any civil action, would be infinitely easier if there were a successful criminal proceeding to which we could point)

Asked on 4/04/07, 10:23 am

florence hessen florence f. hessen,esq

0 users found helpful

0 attorneys agreed

Re: limitations extension on theft

Hi:

Without more information this is virtually impossible to answer. Generally, a statute of limitations is tolled until the date of discovery.

Hope this helps. Good Luck

Answered on 4/04/07, 1:21 pm

Keywords

Match Any Match All

Country

State

Area of Law