Arrested for Receiving Stolen Property

I was arrested 7 months ago for receiving stolen property because a friend used stolen credit card to buy things and sent to my house. I didn't know he used stolen credit card. The value of the merchandise exceeds 500usd so the police told me they would charge me with a felony. 7 months had passed and still nothing from them. I talked to my lawyer and she told me that the best strategy at this point is to wait it out, and that in her experience when a case drags on this long without prosecution the DA will unlikely to gather any additional evidence to prove that I have guilty knowledge of the crime (in this case there isn't any evidence to discover because I really did not know). Can anybody tell me the time it takes for a felony charge to be dismissed due to insufficient evidence? Just an estimate of course, I know that the stature of limitations does not expire for 4 yrs and I hope that I won't have to wait the whole 4 yrs for the case to be dropped. Thank you so much for your help.

The SOL of 4 years has NO bearing here. It is the time to bring to trial, speedy trial statute, that applies. This varies by state, and you did not list yours to even try to look up! Post it!


For a felony, not incarcerated, a general speedy trial time frame is 6-9 months.

My state is CA. Can you clarify why the SOL has no bearings? Are you suggesting that I should request a speedy trial? When I was arrested and released without a bail I signed some papers but cannot remember if I waived my right to a speedy trial or not. If I did then can I now ask them to work on my case faster? Thank you.

The SOL of 4 years is to commence a prosecution, IOW, to catch you, that has been done.

Have you been Indicted yet??

PC 1382, outlines the speedy trial provision but it does not say after arrest, just after arraignment on Indictment/Information.

http://www.leginfo.ca.gov/cgi-bin/di...file=1381-1388

I'll pm Carl to see what he knows, he is a CA police officer.

Does indictment mean filing charge against me? They have not filed any charges. Right now my case is just sitting in the DA's office for reviewing. The thing is I am filing some paperwork with USCIS and if this case is just going to hang around for a long time then it is very troublesome. I am just trying to figure out the general time it takes for cases like this to be dropped and how I can speed up this process. Thank you so much for your help.

The SOL should be for THREE years (I think you may have been reading the SOL for some kind of civil action if you thought it was for four years). The SOL for criminal matters can be found in PC 799 et seq.

At this point about all you can do is sit and wait. If they have waited this long, chances are they are either investigating other angles and parties, or, they do not have enough to go after you just yet. I am assuming it is the latter. My guess would be that you are currently in the clear, but it is not a guarantee.

- Carl

Thank you for your input. Is it common for them to let a case like this open for more than a year without gathering any additional evidence? My biggest fear is that they just leave me hanging like this for 2 or 3 years.

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Quoting Ichiro

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Thank you for your input. Is it common for them to let a case like this open for more than a year without gathering any additional evidence? My biggest fear is that they just leave me hanging like this for 2 or 3 years.

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Is it common? No. But, there is generally no process for the DA or the agency to notify suspects that no charges will be filed. Your attorney can contact the DA and find out if they are still looking in to the matter or if the case is done and over with ... pending new information.

- Carl

Carl, he said he was arrested though? PC 1382 states nothing about arrest, so you mean in CA as long as an Indictment/Information is within 3 years it matters not how long it was after an arrest??

This is sure not like my state!!

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Quoting BOR

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Carl, he said he was arrested though? PC 1382 states nothing about arrest, so you mean in CA as long as an Indictment/Information is within 3 years it matters not how long it was after an arrest??

This is sure not like my state!!

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An arrest does not mean he was charged by the DA. If he was released without a court date, and has not yet been arraigned, then the state has time to go back and file ... up to three years.

However, in my experience, unless this is a serious offense and involves a number of parties, if they have not filed in 7 months time, they are not likely to do so.

- Carl

Interesting!!

Carl, here's mine, quite different!

(C) A person against whom a charge of felony is pending:

(2) Shall be brought to trial within two hundred seventy days after the person’s arrest.



http://codes.ohio.gov/orc/2945.71

I went to court today and was told that the DA is trying to put a felony with 90 days in jail on me. My lawyer asked me if I would consider pleading guilty if she get the sentence reduced to a misdemeanor and 30 days. Since I plan to apply for medical school this coming summer I don't know if I should take a misdemeanor charge or bring this whole case to trial. Can anybody tell me how I would find out about the policy of medical licensing board in CA toward applicant with my record? What type of lawyer should I consult about this matter? Any help is much appreciated.