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  1. #1
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    Default Colorado Statue of Limitations for Theft

    My question involves criminal law for the state of: Colorado.

    I'm writing a short story and I have a character who steals $75,000 from a bank. He isn't caught until six/seven years later and I need to know if the statute of limitations has passed yet or not.

  2. #2
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    Default Re: Colorado Statue of Limitations for Theft

    In what fashion did he steal the money?

    Assuming plain old "stick 'em up!", the SOL is typically 5 years. HOWEVER - if the thief became a fugitive at any time (left the jurisdiction), the SOL is tolled or stopped for that length of time.

    Nolo explains it thusly:

    For example, let's say that Jesse James robs a bank in Dodge City, Kansas on July 1, 2006. The next day, James flees Kansas hell-bent on escaping capture, and he hides out in the Badlands of South Dakota for six years. James is then caught and charged by the feds with bank robbery on July 1, 2012. James will not be able to get his case thrown out by arguing that the five-year limit for prosecuting his case has passed. Instead, the judge will rule that the statute of limitations tolled (was suspended) during the six years that James was on the lam, and the prosecution can go forward.
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  3. #3
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    Default Re: Colorado Statue of Limitations for Theft

    Quote Quoting TheDude77
    View Post
    My question involves criminal law for the state of: Colorado.

    I'm writing a short story and I have a character who steals $75,000 from a bank. He isn't caught until six/seven years later and I need to know if the statute of limitations has passed yet or not.




    16-5-401. Limitation for commencing criminal proceedings and juvenile delinquency proceedings.




    (1) (a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:




    Murder, kidnapping, treason, any sex offense against a child,
    and any forgery regardless of the penalty provided: No limit

    Attempt, conspiracy, or solicitation to commit murder;
    attempt, conspiracy, or solicitation to commit kidnapping;
    attempt, conspiracy, or solicitation to commit treason;
    attempt, conspiracy, or solicitation to commit any sex offense
    against a child; and attempt, conspiracy, or solicitation
    to commit any forgery regardless of the penalty provided:
    No limit

    Other felonies: Three years

    Misdemeanors: Eighteen months
    Class 1 and 2 misdemeanor traffic offenses: One year
    Petty offenses: Six months

    Unless, as stated, the statute is TOLLED for some legal reason, he is free and clear in 3 yeras.

    Try this one, does the federal constitution permit a person who robs a bank to be also charged with possession of stolen money??

  4. #4
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    Default Re: Colorado Statue of Limitations for Theft

    Quote Quoting TheDude77
    View Post
    My question involves criminal law for the state of: Colorado.

    I'm writing a short story and I have a character who steals $75,000 from a bank. He isn't caught until six/seven years later and I need to know if the statute of limitations has passed yet or not.

    Oops, although you specifically asked about Colorado, I forgot about Federal law. Are we talking theft as in Bank Robbery or Embezzlement, etc?

    http://www4.law.cornell.edu/uscode/h...2----000-.html


    (a) In General.— Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.


    You can also put in your story that BOTH sovereigns, Colorado AND the feds can charge the actor, as this does NOT trigger Double Jeopardy.

    Bank robbery, up to 20 years:

    http://www4.law.cornell.edu/uscode/s...3----000-.html

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