Hi all was wondering if anyone knows if there is statue of limitations on a misdameanor for petty theft in California. Also does a bench warrant ever go away? I have tried to find out but nothing this is my last hope for some kind of answer.
DaveNCUSA
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"The general rule in California is charges in a misdemeanor case must be filed within one year, but there are a number of exceptions. The applicable law is California Penal Code Section 802 at the following link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805 "
I'm pretty sure that bench warrants do not expire. The second source below would indicate this.
Anonymous
Some of the answers here are close. The statute of limitations for most misdemeanors in California, including petty theft, is one year. (Penal Code section 802.) The prosecution must be commenced within that period.
A misdemeanor prosecution is commenced either when a misdemeanor complaint is filed (which includes filing a citation in lieu of a complaint), or a warrant is issued. (Penal Code section 804.) Your asking about a bench warrant suggests that both have happened in this case.
I am aware that some judges have attempted to clean up very old (i.e., 10 or more years old) case files by recalling the warrants and closing the files, and prosecutors have challenged this. I do not believe there has been any final resolution of the issue. It is best to presume that any warrant will remain outstanding until the defendant appears in court.
dmontesmom2
The general rule in California is charges in a misdemeanor case must be FILED within one year, but there are a number of exceptions. The applicable law is California Penal Code Sectino 802 at the following link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805
Once a charge is filed and Defendant has been in court, therefore has knowlege of the charge against him/her, failure to appear in court causes the statute to toll, be suspended.
Thus bench warrants never expire.
If you have a bench warrant get a lawyer in California or call the court and arrange to turn yourself in--the judge may grant bond again, not overly likely, if you appear without having to be found and dragged in to court in shackles.
Get a lawyer in California to answer all of these questions for you!
netjr
I do not know the statute of limitations in California on petty theft but would suggest to you there is one and its probably 2 to 5 years. Bench warrants are not going to "just go away" however and will haunt you until they are fulfilled.
gw_bushisamoron
Statues are in the museum, statutes are laws.
A misdemeanor complaint must be filed within 3 years of the commission.
A bench warrant never goes away unless the underlying case goes away. Even then, the warrant can survive and turn up years or even decades later.
Whatever it is, get it handled now. These things always show up at the most inconvenient time imaginable.