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Is there a statue of limitations on petty larceny in NY

High Point, NC |

Ok so 10 years ago I went to a party four blocks from where my car was parked, and when I left the party around 3 a.m I saw a bike on the side of the road and picked it up. So my plan at the time was to just ride the bike up the block to where my car was. I did look around and the streets were pretty empty this is upstate NY so there is a down time there is no constant traffic like the city. So I get maybe half way up the block and a unkown car pulls up with 4 or 5 guys asking for directions. They jump out on me and identify there selves as police I guess I was apart of an apparent sting operation. They took me to the police department released me to my mother and I was given an appearance ticket. So I live in NC its been 10+ years its not going away and stopping me from getting full time

work for years I have gotten management positions worked on government jobs and so on and this never showed up anywhere. I seriously forgot about it I only remembred because of a temp to hire position at a really good company turned me down because this was found on a back ground check. Now my position is this I have no plans on ever going back to New York nor am I in any position to even go out there. I talked to a guy at the police department and he has told me this will not just go away. Its sad because the bike wasnt in front of any ones home or in front of a apartment building it was in fact lying on the curve next to a really small run down gas station in the middle of the night well a.m hours so is it against the law to find and pick things up off the street?

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Attorney answers 3

Posted

A statute of limitations only applies if the crime is not prosecuted. You were given a court summons so you were prosecuted. If you want this off your record contact an attorney and seek an expungement.

You may contact me at 314-669-5752 or through my website www.tsalawoffice.com. DO NOT describe the facts of your case in an online forum. I know there are a few prosecutors who are members of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions or need any further assistance, feel free to contact me.

Posted

Understanding you live in High Point, the jurisdiction appears to be in NEW YORK. You may want to check AVVO.com and enter the specific city / county there for a referral. If you can't find someone, check out the SuperLawyers link below. Look under the "SEARCH" drop-down in the upper right hand corner.

You may be able to find a lawyer in New York that way too.

Sorry, wish there was more information to share.

bill powers
charlotte, nc
www.PowMac.com

NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

Posted

I suggest contacting an attorney who practices in the NY county that you were cited in and discuss with him your options concerning an expungement. The individual you spoke with at the police station is correct. This will not go away on its own. Best of luck.

The above is not intended as legal advice. The response does not constitute the creation of an attorney-client relationship.

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