My friend has 2 prior felonies, both over 12 years old. He currently is facing another felony.

Is there a statue of limitations for his previous felonies that would not allow them not to bring them up in his current case?
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Answers (3)

Howard Woodley Bailey

Howard Woodley Bailey

Contributor Level 9
WhileI do not practice in CA, in NJ the answer to your question would be - it depends. It depends on the purpose of why the prior conviction was being brought up. Unfortunately, the purposes are quite numerous and beyond the ability of this type of site to adequately address. For illustration purposes however, if the prior conviction was being used to impeach the client during his testimony, the priors would probably not be allowed to be used as evidence (there are several issues that could effect this determination). If the prior was being used to enhance a sentence based upon the totality of the prior record, it would be allowed. This is an issue that needs to be discussed in detail with an experienced criminal defense lawyer admitted to practice in CA, who after a complete review of the current and past charges/convictions can give you an accurate assesment of the liklihood the priors would be admissible, and for what purpose.

DISCLAIMER
This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.
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Joseph Briscoe Dane

Joseph Briscoe Dane Avvo Pro

Contributor Level 8
The statute of limitations is the time frame the prosecution has to file charges after a crime is committed.

Are you asking about is how the old convictions are going to be used against your friend?

First - under Penal Code section 1203(e)(4) there is a presumption that a person who has two prior felony convictions should not be granted probation and instead should be sentenced to state prison if convicted.

Under Penal Code section 667(a), if the current crime is a "serious "crime there is an additional punishment of 5 years for each prior "serious" felony. (Serious felonies are listed in Penal Code section 1192.7 and are crimes such as murder, rape, robbery, kidnap, etc)

Under Penal Code section 667.5(b), if a person is convicted of a felony and they have a prior felony where they were sentenced to state prison and have not remained free from prison custody for five years, it can add an additional year to the sentence. It's not just a straight question of how long ago the prison sentence was - you have to look backwards from now and see if there was a five year "wash-out" period. If he had remained prison free for five years (and that includes parole violations where he was sent back), then the one year sentence would not apply.

If one prior was a "strike" under California's three strikes law, any sentence for the new offense is doubled. If both prior felonies were "strikes," then any new felony would potentially carry a sentence of 25 to life. Not every felony is a strike. See the link below for more information about California's three strikes law.

So, for example - worst case scenario: Your friend has two prior felonies that are strikes, in two different cases and he hasn't stayed out of prison for five years before this case. The current case is a serious felony. He would be looking at 25 to life (new felony + three strikes law) +10 (2 five year terms for the prior serious felonies) + 2 (1 year each for not staying free from prison for 5 years) = 37 to life.

Or - they could be old low level felonies and the new case is a low level felony and he's looking at probation.

California sentencing laws can get crazy sometimes. What the current case is, what the priors were for and the other factors I mentioned all play into things.

Of course - the best solution is to not get convicted on the new case at all or to work out the best possible deal to lessen the sentence. I'm based in Orange County, but practice in San Bernardino as well. I assume the case is in Rancho Cucamonga? Let me know if I can help.
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Paul Samuel Geller

Paul Samuel Geller

Contributor Level 5
It depends on what you mean by "bringing them up". Are they warrants? Are they active cases in court? Are they simply investigations on felony charges? I'm assuming by your question they are 2 prior felony convictions that you want kept away from the jury in this new case.

There are various ways they could "bring them up" in the new case. There really is no statute of limitations on bringing them up, but the time between them may prevent the DA from using those convictions or the facts attached as proof of guilt in this case. For instance, the DA could try to argue that your friend has a similar motive in this case as the 2 priors, but the time between them could be a way to keep them out.

Another way it could be brought up is for impeachment of a witness, or your friend, if he/she testifies.

There are some serious legal issues here that your friend's attorney should address.
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