Expert: Robin Sexton - 7/30/2008

Question
Hi,
 What is the statue of limitations in California?  
Also, for example:  If you stole $200 from a store.  Was reported 17 years later, would the police have 3 years to prosicute even though it was 17 years later?

I have tried to figure out the statues of limitation law and cannot , please help!
thanks!

Answer
Mary,

17 years !! I doubt you could find a police agency that would take a report that old.  Witness's, evidence, not prosecutable.
Anyway that wasn't the question.  Statute of limitations begins when the crime is committed / ended.  Example: you kidnap someone and hold them for a year, statute of limitations would begin when you released them or from when you kidnapped them.  There is also a caveat in some jurisdictions that it starts from when the crime is first discovered.  I belive that for California a theft of this nature is about 3 years.  The theft could have been discovered 17 years ago when it was committed. So statute of limitations would have started then.
Consider why there is a statute of limitations.  The predominate reason is to ensure that justice is quick. That any delay would not prevent the accused from getting a fair trial and the accuses would be able to defend themselves.

Hope that helped

Robin