If statute of limitations is 1 year for a crime committed at a store...can the pursue of an arrest be considered over as well.

Asked over 1 year ago - San Diego, CA

Do the crime, stay out of trouble, and sit it the whole year. Is it possible to still get arrested?

Attorney answers (3)

  1. Angela M Berry-Jacoby

    Contributor Level 12

    Answered . the statute of limitations runs between the time of the commission of the crime and when a case is filed against you or a grand jury (unlikely) returns an indictment. So, if a case was filed and you missed a court date which resulted in a warrant for your arrest, the statute of limitations began tolling during that time that the warrant was issued.
    Also, you say it was a one year statute of limitations. Some charges carry clearly a year, as with most misdemeanors. However, if the charges were what the law considers "wobblers", that is they can be misdemeanors or felonies, such as petty theft and commercial burglary (stealing from a store), then the statute of limitations is three years.

  2. David Philip Shapiro

    Pro

    Contributor Level 18

    Answered . Possibly, as the statute of limitations could have arguably been tolled through your own conduct. Best thing to do is keep your mouth closed and hire a locally experienced criminal defense attorney if contacted by law enforcement.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  3. Mark A Seif

    Contributor Level 7

    Answered . The statute of limitations may or may have not run in your case. It depends on whether the SOL was "tolled" in you case, as my colleagues have stated above. "Tolling" the SOL means that the clock stops running for a period of time, thus allowing prosecutors more time to file a case against you.

    Unfortunately, we don't have enough information here to know whether there are factors that may have tolled the SOL. Seek an attorney to give specific advice about whether/where your case stands. A public defender may be a good option if you cannot afford a private attorney.
    M
    Mark A. Seif,
    Attorney at Law
    800.316.6030

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