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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

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Attorney answers 9


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.

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

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


No- statute of limitations is3 years



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


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 met with you and I am not knowledgeable about the specific details of your case. Each case is unique and different. Therefore, it is highly recommended that you contact and meet with a licensed criminal defense attorney to discuss your specific circumstances. In addition, an attorney-client relationship is not created by virtue of this response.


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.

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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.

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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 answers given by me or anyone else in this forum. True legal advice requires a complete and thorough review of facts, circumstances, and documents and many other elements. An explicit written agreement to form an attorney-client relationship and establish confidentiality is essential. These things cannot occur in this forum. Mr. Harper is licensed to practice law in California and his answers may not apply in this or any other state. There is no implied or actual attorney-client relationship arising from participation in the Avvo forum. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Harper is under no obligation to answer any emails or phone calls related to this or any other matter.

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