Is there a statute of limitations for burglary and receiving stolen property? 7 Answers as of August 09, 2011

If you are charge with residential burglary & receiving stolen property in the state of California in which the charges are filed under your name misspelled due to clerical error and two years have laps with out arrest. What are your options and is it better to wait three year to clear your name up? The case does not show on background checks or with the county online service under DL & DB. Is there a statue of limitation on the type of case?

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The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
It would be best to consult with a local criminal attorney in your area. This is not a simple question that can be answered over a forum such as this.
Answer Applies to: California
Replied: 8/9/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You have to be arraigned within 3 years from the time the warrant issued. It really doesn't matter that they spelled you name wrong I hate to tell you.
Answer Applies to: California
Replied: 8/9/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
There are always Statutes of Limitations. But, once charges have been filed and a warrant issued, the Statute is stopped. And, warrants are forever. You may be misplacing your trust in your understanding of the system. A simple misspelling of your name and the validity of the warrant can be argued about later if you are arrested, but dont rely on that to protect you against arrest and/or correction of the charges at any time. You are now in run and hide mode, but should prepare to deal with the charges and warrant, either voluntarily or when brought into court in cuffs.
Answer Applies to: California
Replied: 8/9/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
If charges have been filed in court then not only would there not be a statute of limitations issue but you will probably have a warrant out for you as well. The statute of limitations is from the incident date to the filing date. There could also be an arrest warrant if charges haven't been filed. If you believe you may have a warrant out you should speak with a criminal defense attorney right away.
Answer Applies to: California
Replied: 8/8/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
there is a statute of limitations. I suggest that you contact a criminal defense attorney respecting your options.
Answer Applies to: California
Replied: 8/8/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The statute of limitations only has to do with how long the prosecution has to file charges. If they filed in time, then there isn't a statute of limitations issue. In general, it's one year on misdemeanors and three years on felonies. There may be a motion to dismiss a misdemeanor if they haven't taken appropriate steps to locate you on the warrant that was issued. (That's a Serna motion.) There may be a motion to dismiss a felony case under the same theory, but it's not quite as clear and you must show that the delay was unreasonable and that you have been prejudiced.
    Answer Applies to: California
    Replied: 8/8/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    One the criminal charge has been filed that means the statute of limitations no longer applies. However, after a charge is filed the DA must take reasonable steps to locate the accused. If you are still living at the same address you were when you were first investigated and they have not attempted to arrest you at that residence then your lawyer can make an argument in your favor to have the charges dropped. However, if you have moved then the statute of limitations will not help you.
    Answer Applies to: California
    Replied: 8/8/2011
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