How Long Does a Prosecutor Have to File Fraud Charges

[Rextab]

State: Calif
Penal Code: 532a

What is the Statute of Limitations on filing charges on PC532a case? When does the statute of limitations clock starts ticking? Is it from the time of the alleged crime occured?

[Mr. Knowitall]

You can read California's criminal statutes of limitation here. The offense you identify can be charged as either a misdemenor or a felony.

[Rextab]

How does the Penal Code 803c play into the Statue of Limitations on a PC charge of 532a? According to the guidlelines of 803c, it does NOT meet the guidelines to extend the statute of limitiations from 3 to 4 years from "date of discovery". PC 532a is NOT one of the codes listed on the list of PC's relative of applicable to PC 803c whereas this statute would apply. Can someone confirm or clarify this for me?

[Mr. Knowitall]

Give us the question you really want answered in plain English with the relevant dates.

[Rextab]

The alleged crime was committed in July 2001 and March 2003, but they are using a "Date of Discovery" of Aug 7, 2003. Charges were filed on Feb 15, 2007 for (2) counts of PC 532a. Based on the statute of 532a, the max Statute of Limitations is (1) year for a misdemanor and (3) years for a felony. They (The DA) are trying to use PC 803c to extend their Statute of Limitations from 3 years to 4 years based on their supposed "Date of Discovery" of 8/3/2003. Can they do this based on the how the 803c reads? It makes no mention in the rules of PC 803c applying to PC 532a. Please advise.

[aaron]

What about the language makes you think it wouldn't apply? It seems pretty straightforward - "This subdivision applies to an offense punishable by imprisonment in the state prison, a material element of which is fraud or breach of a fiduciary obligation ...."

PC 532a looks very much like a fraud offense to me.