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  1. #1
    Join Date
    Aug 2009
    Posts
    20

    Default 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.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Arrested for Receiving Stolen Property Now Need

    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.

  3. #3
    Join Date
    Aug 2009
    Posts
    20

    Default Re: Arrested for Receiving Stolen Property Now Need

    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.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Arrested for Receiving Stolen Property Now Need

    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.

  5. #5
    Join Date
    Aug 2009
    Posts
    20

    Default Re: Arrested for Receiving Stolen Property Now Need

    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.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested for Receiving Stolen Property Now Need

    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

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