What is the Statute of Limitations on a Wobbler
My question involves criminal law for the state of: California
I was charged with felony Grand Theft by Embezzlement and felony Unauthorized Use of Personal Identifying Information. I am innocent and have been fighting these charges for 1yr and 4months. (The charges were brought against me due to a business partnership that went awry. I am accused of embezzling $3300.)
On 7/25/2017 the District Attorney reduced the charges to misdemeanors. My court records show the charges as misdemeanors now, rather than felonies. The statue of limitations on felonies is 3 years, and the original charges were filed within that 3 year period. However, as misdemeanors there is only a 1 year statue of limitations. The charges against me were NOT filed within 1 year. (Maybe this was why they originally charged me with felonies?!)
Now that the charges are reduced which statue of limitation applies - felony (3yrs) or misdemeanor (1yr)? Can I file ask for the case be dismissed because the statue of limitations had expired for the crime they are now charging me with? If it is dismissed, can they re-file felony charges again? Or isn't that allowed because the 3 year statue of limitations for felony charges has now expired as well?)
Here are the exact dates from my court records....
6/25/2014 Violation Date
That is the date listed on the court documents. However, they are claiming I embezzled from them on 6 occasions - 1x per month with the last occurrence on 11/4/2014. On 6/25/2014 I told one of the other "partners" that I was taking the payments from a client and placing them into a PayPal account I set up under the business name. That partner provided me with the Tax ID #.)
7/12/14 same partner told me I should use the money I collected in that account as my own rather than having them reissue it back to me. I was an Independent Contractor and the company normally paid me in cash. They also owed me a considerable amount of money in unpaid commissions so this arrangement was a way for them to pay that to me over 18 months. Plus, self-financing a client was not something we commonly did. I felt it was the company's way of saying that I took the risk that this client would pay every month, and if the client didn't, then it would be my problem to collect if I wanted to get paid.)
September-October 2014 Began having issues with the company not paying commissions for other jobs I had sold. Company was in general having problems (ex. they "forgot" to renew their General Contractor license with the CSLB so all our work came to a halt for almost 3 weeks; clients complained that work was unfinished; jobs sold but never started/built.)
11/21/2014 Sent request to the company for $14k in unpaid commissions. This $14k was less the 6 payments I already received in the PayPal account and I listed them as a separate line item and less the 12 upcoming payments I was scheduled to receive, which I listed as another, separate line item.
11/23/2014 Company requested I cease collecting payments, which I immediately did (even though I there was one scheduled for the following week.) The company bad-mouthed me to clients (including the client who had made these payments), and to other home improvement contractors in the area. I resubmitted my invoice for unpaid commissions with an updated total which reflected the 6 payments I already received listed, and not the 12 upcoming payments.
9/23/2015 Charges Filed
08/02/2016 Arrested on 2 felony warrants (I knew NOTHING of the charges. When I was arrested, my first thought was that someone had stole my identity, then committed these crimes using my identity.)
9/23/2016 Plea Date (Not Guilty)
7/25/2017 District Attorney reduces charges from felonies to misdemeanors. Change in court to misdemeanor court room, judge and public defender.
Re: Statute of Limitations on Wobbler
The dates that matter are the date prosecution commenced (which appears to be 9/23/2015) and when the act was discovered (or should have been discovered).
First, even if you were initially charged as a misdemeanor, it would appear that the charges were commenced timely (at least for the ones that happened after 9/23/2014, perhaps more).
Second, wobblers that were initially charged as felonies can indeed still be prosecuted under the three year limitations period even if reducd to misdemeanors. (People v. Mincey).