California Petty Theft (484e) Filed 1 Year and 3 Months After the Offense

[machinist84]

My question involves criminal law for the state of: California

CA petty theft 484e was filed AFTER statute of limitations?

charged with CA misdemeanor 484e over 1 year and 3 months after both the discovery and commission it was alleged the 484 (petty theft). Now my understanding is CA PC 802 states 1 year for misdemeanors SOL in CA unless specified by crimes against youth or elderly or abuse of a position none of which apply to these allegations. Further more these dates separation exceeding one year are clearly stated on documents produced by the DA.

Am I missing something here or is the DA drinking on the job?

[cdwjava]

Are you sure they are filing misdemeanor charges? PC 484e is a felony (unless all you did was hold onto an access card):

484e. (a) Every person who, with intent to defraud, sells,
transfers, or conveys, an access card, without the cardholder's or
issuer's consent, is guilty of grand theft.
(b) Every person, other than the issuer, who within any
consecutive 12-month period, acquires access cards issued in the
names of four or more persons which he or she has reason to know were
taken or retained under circumstances which constitute a violation
of subdivision (a), (c), or (d) is guilty of grand theft.
(c) Every person who, with the intent to defraud, acquires or
retains possession of an access card without the cardholder's or
issuer's consent, with intent to use, sell, or transfer it to a
person other than the cardholder or issuer is guilty of petty theft.
(d) Every person who acquires or retains possession of access card
account information with respect to an access card validly issued to
another person, without the cardholder's or issuer's consent, with
the intent to use it fraudulently, is guilty of grand theft.

The SOL for a felony is generally 3 years.

Was the offense charged first as a felony, and then dropped to a misdemeanor subsequently?

[machinist84]

100 percent certain 2 counts 484e filed misdemeanors, everything was filed once and nothing amended/dropped. I really do not wish to comment details openly however actions leading to these charges were even -less- offensive than simple possession w/o permission of an access card if you can believe that.

My candid commentary is this was VERY expensive series of investigations with hundreds of manhours of law enforcement. reliable commentary was given this was probably costing the city 30K. The Initial investigation led to absolutely no charges possibly related to original suspicions, only 4 unrelated charges: (2) 484e, 2 felonies.

[cdwjava]

Then your attorney should have no problem getting the matter dropped.

However, there ARE circumstances under which the state can pursue charges beyond the standard SOL so you might be surprised.

I'm surprised they filed misdemeanor charges if they had the option to file felony charges ... very odd. Unless you are missing something.

If you are correct, and there are no issues allowing for the tolling of the SOL, then your attorney should be able to get out of this quickly.

[Mr. Knowitall]

... But talk to your lawyer about the chance that the charge might be refiled as a felony.

[machinist84]

Once again without getting into detail here were not even talking about physical possession of a card. Absolutely zero use/abuse of an unauthorized account and no evidence to support it.

In my limited legal knowledge I can safely say these actions leading to the 484e's are barely considered commission of a crime. The original investigating officer noted what he found but did not even ask the DA to file based upon them, the DA saw them when the original investigation failed miserably and the reporting party was found to commit perjury and made recorded contradicting statements to law enforcement. Hence the DA rejected the original investigation and filed based on things the IO found while looking for evidence of original allegations.

On that note as someone who never attended law school, I'm wondering why a layman such as myself is catching something a DA should know. Hence my commentary: is the DA drinking on the job? I'm breaking down PC 802 and finding absolutely nothing that would remotely apply to extend SOL.

In a nutshell : cops send tactical predawn entry team (4 am swat) based on bad intel, find nothing but possible 484e and two "paper case" felonies, cops send second swat team months later based on same bad intel find nothing, months later DA files 484E and two additional "paper-case" felonies based on the first investigation over 1 year ago.


Above all thank you for your advice pre-trial is very soon and I will give an update if requested.