What is the Statute of Limitation for Petty Theft on a Minor? 8 Answers as of July 19, 2011

My son was caught shoplifting almost 2 years ago (he was 15). The store received their merchandise back. He has not been in any trouble since and we've not heard anything from Junvenal Court. I would like to know what the statute of limitation is for this offense.

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Attorney at Law
Attorney at Law | Michael J. Kennedy
One year.
Answer Applies to: California
Replied: 7/15/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
In regards to petty theft which is a misdemeanor, the statute of limitations is one year.
Answer Applies to: California
Replied: 7/19/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Misdemeanor theft carries a one year statute of limitation though if theft were charged as a burglary it could be up to 3 years. Practically, if he hasn't been charged in all this time, it is unlikely he will.
Answer Applies to: California
Replied: 7/14/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Misdemeanors are generally one year, so he is probably past worry. strictly prohibited.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Stephen Pearcy
Law Office of Stephen Pearcy | Stephen Pearcy
sounds like he was never charged, so it doesn't seem to matter.
Answer Applies to: California
Replied: 7/14/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    California Revised Code, Section 802 reads: a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense. (b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years shall be commenced within three years after commission of the offense. I would check with the District Attorney to see if charges were filed. If not, it would appear your son is safe. If charges were filed in time, they may have met the statute and there might be a warrant outstanding.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    The general statute of limitations/timeline on the timely filing of a misdemeanor Complaint is one year. After that, you (that is, your Attorney) can file a Motion to Dismiss for Lack of Speedy Prosecution.
    Answer Applies to: California
    Replied: 7/13/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Your son is safe as the statute of limitations has expired and he cannot be prosecuted for a misdemeanor offense. If the amount that he took was valued at more than $400 then the DA could file it as a felony and then the statute of limitations would be three years but I doubt from your facts he took that much in merchandise.
    Answer Applies to: California
    Replied: 7/13/2011
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