Theft by Failure to Return a Rental Car

My question involves criminal law for the state of: California and New York

What is (or is there) the statute of limitation on rental car theft in California and New York?
If someone rented a car in Los Angeles in 2002, but never returned it and the car was recovered in New York in 2005. NYPD issued a warrant for this person's arrest, but was never arrested.

not sure why issued a warrant since the crime was committed in California but once a warrant is issued, there is no statute of limitations to worry about.

so, as long as a warrant was issued by a venue with valid jurisdiction within the statute of limitations for the crime involved, the statute of limitations issue goes away.

Thanks for your quick reply, jk.

TO clarify, since the car was missing for about 3 years, the insurance company paid out the LA car rental co.'s loss and listed the car as stolen in the national database. When the car was ticketed for illegal parking on a NY street, it matched the VIN of the stolen car from the database and was towed to the NYPD impound. They found personal documents inside the car belonging to the same person who rented the car in LA 3 years earlier. They showed up at the this person's residence in NY with the arrest warrant, but no arrest was made, because he wasn't there.

So, are you saying that the statute of limitation is running (or has run out) in California, but in New York there is still an arrest warrant?

There is not a statute of limitations on a warrant anywhere.

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Quoting BigDee

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So, are you saying that the statute of limitation is running (or has run out) in California, but in New York there is still an arrest warrant?

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No, he is saying that once a warrant is issued the SOL is no longer a factor. The SOL governs how long the gov't has to bring charges. Since this is a car, it is likely to be a felony. Depending on the exact charge, the SOL is probably no longer in play.

If the car is not returned to its owner within five days after the lease or rental agreement has expired, California law presumes that the person who rented it has embezzled the vehicle. (Section 10855 of the California Vehicle Code)

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Quoting BigDee

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So, are you saying that the statute of limitation is running (or has run out) in California, but in New York there is still an arrest warrant?

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No, the CA arrest warrant does not go away with the passage of time. The Statute of Limitations only concerns the time that must pass between the crime or the discovery of the crime and the initiation of legal proceedings. Once a warrant is issued it is like a diamond - it is forever.

In both states (CA and NY)?

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The arrest warrant was issued in NY, not in CA (to my knowledge). Does it make any difference?

I suspect the warrant was issued in California and NY is attempting to apprehend him after which he will be extradited to California to face charges.

the (to my knowledge) strongly suggests you simply have no idea what is going on.

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Quoting BigDee

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In both states (CA and NY)?

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The arrest warrant was issued in NY, not in CA (to my knowledge). Does it make any difference?

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If there was also an arrest warrant issued in NY it was probably for being in possession of stolen property. He could also be extradited to CA for their arrest warrant as well.

But, since YOU haven't seen the warrant, YOU really don't know.