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  1. #1
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    Aug 2011
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    Default Vehicle Theft Charges

    My question involves criminal law for the state of: California

    1) Is there a statute of limitations for VC 10851 (A)?

    2) If "yes" does it pertain to currently incarcerated people with current open cases?

    FYI... open case is in Placer County, CA. Occurred in 2008. Disposed case is in Sacramento County, CA. Occurred in 2009.

    Thank you

  2. #2
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    Default Re: Statute of Limitations Pertaining to Vehicle Theft

    Quote Quoting niccimendez
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    My question involves criminal law for the state of: California

    1) Is there a statute of limitations for VC 10851 (A)?
    Yes. It should be three years absent the presence of some exceptions that might extend it.

    2) If "yes" does it pertain to currently incarcerated people with current open cases?
    I am not sure what you are asking with that. The SOL is the time in which the state must initiate court proceedings for the offense alleged.

  3. #3
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    Default Re: Statute of Limitations Pertaining to Vehicle Theft

    Ok, to elaborate a little more, a family member was arrested & charged with car theft in 2008, court proceedings were initiated. He was released from jail on bail in the meantime, and the following year in 2009 was arrested in a different county and is currently incarcerated in a state facility for the subsequent case. My question is, since he's currently incarcerated, does the SOL on the first case still apply to him even though court proceedings were already initiated?

  4. #4
    Join Date
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    California
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    Default Re: Statute of Limitations Pertaining to Vehicle Theft

    Quote Quoting niccimendez
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    Ok, to elaborate a little more, a family member was arrested & charged with car theft in 2008, court proceedings were initiated. He was released from jail on bail in the meantime, and the following year in 2009 was arrested in a different county and is currently incarcerated in a state facility for the subsequent case. My question is, since he's currently incarcerated, does the SOL on the first case still apply to him even though court proceedings were already initiated?
    There are speedy trial issues that might apply, but the SOL should not be an issue.

    He should consult an attorney concerning the first case. It is entirely possible that it will be waiting for him when he gets out from the latest one.

    This is the problem with being a career criminal, the never-ending parade of karma.

  5. #5
    Join Date
    Aug 2011
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    3

    Default Re: Statute of Limitations Pertaining to Vehicle Theft

    Thank you, I appreciate your response... and I agree with you on the karma. I just wish the State would get their stuff together and put the "R" back in "CDCR" and help these men with rehabilitation, which is what they need when crimes are comitted only because of being under the influence. Thank you again for your time and knowledge.

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