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... Wouldn't the statute of limitations pass after 10 years?

by asdf21 7y ago

austinl 7y ago
It doesn't exactly work like that — you can't just go into hiding to wait out the time. Since there was a warrant out for his arrest, and marshals were actively looking for him, I'm assuming the limit was suspended. See: https://www.lawyers.com/legal-info/criminal/criminal-law-basics/california-criminal-statutes-of-limitations.html https://www.lawyers.com/legal-info/criminal/criminal-law-bas...
- onetimemanytime 7y ago
  in some countries you can though, even if sentenced, so it's not a dumb question. The idea is that after, say, 15 years (jail or not,) you've been rehabbed, making jail moot.
PeterisP 7y ago
They can't suddenly decide to press charges against someone after the statute of limitations, but once they have done so, that doesn't apply.
n8henry 7y ago
Doubtful for an armed robbery
- asdf21 7y ago
  https://resources.lawinfo.com/criminal-defense/criminal-statute-limitations-time-limits.html#california https://resources.lawinfo.com/criminal-defense/criminal-stat... California says six years even for murder..
  - bdcravens 7y ago
    From that page: "In some cases, tolling of the statute of limitations may take place. This means that the statute of limitations is temporarily suspended, similar to pausing a timer. This generally occurs when a person who has committed a crime attempts to go into hiding."
  - function_seven 7y ago
    That article is confusing. Above the entry you linked to I read this: > California statutes of limitations are a little different and less complex. Felonies like murder and other offenses that are punishable by life imprisonment or death have no statute of limitations nor does the embezzlement of public money. If the punishment for a crime is eight years or more in prison, the statute of limitations runs out in six years, and other offenses punishable by prison time have a statute that expires in three years. So I suppose the limitation of 6 years is for lesser degrees of murder? But more severe murder charges (that could result in a life sentence or worse) carry no limitation? The Golden State Killer is one example where crimes committed over 30 years ago are still fair game for prosecution (and he never went into hiding nor did he leave the state, so no tolling)
  - extempore 7y ago
    It says that, but it’s wrong. California has no statute of limitations on murder. This was recently demonstrated in dramatic fashion when the golden state killer was arrested for murders committed 30 years prior.
roywiggins 7y ago
Being a fugitive from the law generally tolls- suspends- statutes of limitations.
codezero 7y ago
I’m not a lawyer, but I thought that was a limit on bringing charges not on being captured, and wasn’t he charged/had a warrant out? That said there are always ways to cook up new charges.
anfilt 7y ago
That general involves the authorities too not know if the person comitted the crimes or call it off. Also some crimes dont have a statue of limitations. Like a lot states have no statue of limitations on armed robbery or something like 20 years. An other thing is the statue of limtations general require the accused to remain in the jurisdiction that the crime occured. So fleeing to an other state or country will just stop the clock. Stopping the statue of limtations acruing time. There are other things that can stop the clock as well. Also if the accused is not careful they could wave statue of limitations as a defense. So just let your lawyer do things or take the 5th till one is appointed.

... Wouldn't the statute of limitations pass after 10 years?

by asdf21 7y ago

... Wouldn't the statute of limitations pass after 10 years?

It doesn't exactly work like that — you can't just go into hiding to wait out the time. Since there was a warrant out for his arrest, and marshals were actively looking for him, I'm assuming the limit was suspended. See: https://www.lawyers.com/legal-info/criminal/criminal-law-basics/california-criminal-statutes-of-limitations.html https://www.lawyers.com/legal-info/criminal/criminal-law-bas...

onetimemanytime 7y ago
in some countries you can though, even if sentenced, so it's not a dumb question. The idea is that after, say, 15 years (jail or not,) you've been rehabbed, making jail moot.

PeterisP 7y ago

They can't suddenly decide to press charges against someone after the statute of limitations, but once they have done so, that doesn't apply.

n8henry 7y ago

Doubtful for an armed robbery

asdf21 7y ago
https://resources.lawinfo.com/criminal-defense/criminal-statute-limitations-time-limits.html#california https://resources.lawinfo.com/criminal-defense/criminal-stat... California says six years even for murder..
- bdcravens 7y ago
  From that page: "In some cases, tolling of the statute of limitations may take place. This means that the statute of limitations is temporarily suspended, similar to pausing a timer. This generally occurs when a person who has committed a crime attempts to go into hiding."
- function_seven 7y ago
  That article is confusing. Above the entry you linked to I read this: > California statutes of limitations are a little different and less complex. Felonies like murder and other offenses that are punishable by life imprisonment or death have no statute of limitations nor does the embezzlement of public money. If the punishment for a crime is eight years or more in prison, the statute of limitations runs out in six years, and other offenses punishable by prison time have a statute that expires in three years. So I suppose the limitation of 6 years is for lesser degrees of murder? But more severe murder charges (that could result in a life sentence or worse) carry no limitation? The Golden State Killer is one example where crimes committed over 30 years ago are still fair game for prosecution (and he never went into hiding nor did he leave the state, so no tolling)
- extempore 7y ago
  It says that, but it’s wrong. California has no statute of limitations on murder. This was recently demonstrated in dramatic fashion when the golden state killer was arrested for murders committed 30 years prior.

roywiggins 7y ago

Being a fugitive from the law generally tolls- suspends- statutes of limitations.

codezero 7y ago

I’m not a lawyer, but I thought that was a limit on bringing charges not on being captured, and wasn’t he charged/had a warrant out? That said there are always ways to cook up new charges.

anfilt 7y ago

That general involves the authorities too not know if the person comitted the crimes or call it off. Also some crimes dont have a statue of limitations. Like a lot states have no statue of limitations on armed robbery or something like 20 years. An other thing is the statue of limtations general require the accused to remain in the jurisdiction that the crime occured. So fleeing to an other state or country will just stop the clock. Stopping the statue of limtations acruing time. There are other things that can stop the clock as well. Also if the accused is not careful they could wave statue of limitations as a defense. So just let your lawyer do things or take the 5th till one is appointed.