Criminal defense

Asked 12 months ago - West Covina, CA

Stoled $2000 from employer in 2008. Did a polygraph for a job and admitted to stealing. Could I still be prosecuted? Is their statue of limitation? I admitted in 2012 to the polygraph

Attorney answers (9)

  1. John M. Kaman

    Pro

    Contributor Level 20

    19

    Lawyers agree

    Answered . The SOL should be 3 years from the incident (felony grand theft). Therefore you can't be prosecuted even if you admitted to the crime on a polygraph.

    Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me... more
  2. David Patrick Vaughn

    Contributor Level 8

    19

    Lawyers agree

    Answered . This is a public forum so you should not admit guilt in your posting.

    David Vaughn is one of the very few attorneys who have been both an Assistant U.S. Attorney (federal prosecutor)... more
  3. Dan Eugene Chambers

    Contributor Level 20

    16

    Lawyers agree

    Answered . Mr. Kaman is right--3 years from the date of the offense. The statute would have expired sometime in 2011.

  4. Joel W. Bailey

    Contributor Level 10

    15

    Lawyers agree

    Answered . I only add that if there was active concealment of the theft that can possibly toll the statute of limitations.

  5. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . No- statute of limitations is3 years

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  6. Yaniv Kenan

    Contributor Level 11

    13

    Lawyers agree

    Answered . Three years. However, if you embezzled public funds (and there's a difference between theft and embezzlement), there's no statute of limitations. See Penal Code section 799. Hopefully that doesn't apply to you.

    The response above is not intended as legal advice. This response is for educational purposes only. I have not... more
  7. Victoria L Clemans

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . The statute of limitations is 3 years, however, you could still be prosecuted if you received notice in the mail, went to court, and got arraigned and then blew off the court. In that case, you purposely aged the case and the statute was tolled (meaning it stood still) and if this were the case unfortunately you could still be prosecuted. That is why you need to speak to a lawyer PRONTO! LAW OFFICES OF VICTORIA CLEMANS, ESQ.

    This is a general statement regarding law and facts and should not be construed as an attorney-client relationship... more
  8. Vijay Dinakar

    Pro

    Contributor Level 17

    10

    Lawyers agree

    Answered . I'm interested in why you were ordered to take a polygraph related to prior theft occurrences; is this is a government job or one involving security clearance of some sort (do not reveal anything on this public forum). Also of interest is whether the job your were applying for (or already held) led to your being hired (or fired if already employed). There sounds like there is more to this story, perhaps you should speak with a criminal attorney in private and reveal everything there. In the meantime, do not talk to anyone about this or other related or unrelated theft occurrences. I agree that in all likelihood the statute of limitations expired after 3 years as this sounds like a garden variety felony theft which has a 3 year limit.

    For a Free Consultation Call: 408.516.4645
  9. Alexander Fredrick Harper

    Pro

    Contributor Level 7

    9

    Lawyers agree

    Answered . While keeping in mind that polygraph evidence is generally not admissible in criminal court proceedings in California, your direct answer to a question could be as a statement against your self interest. You should be OK as long as you were never in a situation as described above. However, there are some circumstances in which a prosecutor could still pursue the case. It would be a very good idea for you to seek an in-person consultation with a criminal law attorney. A short consultation should not be expensive, and will be worth a great deal of peace of mind.

    THE ABOVE ANSWERS ARE NOT LEGAL ADVICE. They are intended for general information only. You should not rely on... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,062 answers this week

3,338 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,062 answers this week

3,338 attorneys answering