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Is the consider misdemeanor or a felony and what is sol on it.

Garden Grove, CA |

is throwing a rock at someone car consider a felony or misdemeanor and what is the sol on it? cause my friend threw a rock over the wall but he didnt know its a street behind that wall, and the rock wasnt that big and he heard a sound and after that he saw the driver was talking to the police and then they just go away, there was no accident or anyone get injured, is that a felony or misdemeanor and what is the sol on it, and if he did it when he was under 18 it will be on his juvy record right and it was 8 years ago

well he left the us for vacation 2 years after that happen but came back and it been 4 years ever since he left, what happen to the sol if he left the us for vacation for 2 weeks and come back to the us, did the sol restart it or it continue

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Attorney answers 3

Posted

If your "friend" did this 8 years ago and has remained in California, or even the United States, during this period, he can't be prosecuted for this. The statute of limitations within which to arrest someone on a felony warrant or institute prosecution of the charge is three years.

Asker

Posted

well he left the us for vacation 2 years after that happen but came back and it been 4 years ever since he left

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

If he is concerned he has a warrant, he can do a LiveScan to check for it. However, I think it's a good guess that he could defeat the charge in court on speedy trial grounds at this point.

Asker

Posted

His record is clear and he has no warrant... But can they do anything to him at this point...is the sol run out in his case yet

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

As long as he has been "on the grid" for the past 8 years in the U.S., especially in California, the time has passed to convict him, in my view based on what you've stated.

Asker

Posted

im so sorry but what on the grid mean

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

Meaning: he paid taxes, obtained power service (PG&E, etc), registered his car, had a driver's license or ID card in his name. He was not "laying low" and trying to remain anonymous.

Posted

SOL IS 3 YEARS

Posted

You seem to have a lot of information on your friends case, not sure if you were there or not, but you can tell him as the other attorneys suggested that under the facts you stated the SOL is at most 3 years. You may want to tell him if he was under 18 at the time and it has been 8 years since this occurred, it is unlikely a case would even be filed due to the fact he is now over 25.

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

good point

Asker

Posted

I just base on wat he told me... He was 14 when that happen and now he 21