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Is there a statue of limitations on petty larceny in NY

Utica, NY |

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? ...... I dont have money for a lawyer so I dont really know what to do I really like this company and want this job.

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Attorney answers 3

Best Answer
Posted

You have already been charged, so there is no statute of limitations running. You need to hire an attorney and turn yourself in. There is no statute of limitations on a warrant.

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Asker

Posted

Yes I figured that much, I'm in NC so turning my self in is not possible and I'm unemployed so traveling to NY is not even possible at the moment. So my next question would be could a attorney handle this with out me being there?

Posted

The statute of limitations is 2 years from the date of the theft but it was satisfied when you were arrested. If you did not appear in court you likely have a bench warrant out for your arrest.

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Posted

Yes, but if a warrant is issued, the statute of limitations is inapplicable. Your lawyer could move to dismiss on speedy trial grounds if an argument can be made that your whereabouts could have been readily ascertained but law enforcement failed to diligently search to bring you back to court. If you have been living out-of-state that argument might be hard to make out.