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Flagbridge-CL
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience:  Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
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I am a California attorney and I have a client who ...

Customer Question

I am a California attorney and I have a client who committed a number of criminal acts when he was a minor (16-17) back in 1988 and 1989. The criminal acts include robbery, theft and he had sex with a minor (while he was a minor). I have not been able to find any kind of limitation time period in which he could be prosecuted. Can you tell me what those might be?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CALawyer replied 6 years ago.
The criminal statute of limitations typically break down as follows:

1 year SOL for misdemeanors/where punishible by only county jail or fines.

3 year SOL for Crimes where the punishment can include state imprisonment.

6 year SOL for Crimes where the punishment is up to 8 years or more.

and

No limitation - A crime punishable by death or life imprisonment.

However there are a number of exceptions.

Here is a link to the limitations code sections: CLICK HERE.

Robbery is punishable as follows:
- 1st degree in concert with 2 other people - up to 9 years. (State prison)
- 1st degree - up to 6 years (State prison)
- 2nd degree - up to 5 years (State prison)

Theft is punishable as follows:
- Grand Theft with a firearm - up to 3 years (State prison)
- Grand theft with no firearm - up to 1 year (State prison or County)
- Petty thest - 6 months (County only)

I doubt the sexual intercourse was punishable by more than a year unless it was rape. You can look at Penal Code Section 261.5 to make your own assessment.

Basically, my interpretation based on the limited facts you've provided is that the burglary might have a 6 year statute, but everything else would be 3 at most.

If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are always appreciated if deserved.


Customer: replied 6 years ago.
I was asking about Canadian law, not California. I know what the California law is and when I pulled up this site it was in relation to my query on Canadian law. Can you give me an answer to the same query but in Canada (boy, you must have thought I was a lousy California attorney if I could not figure this out for myself about California law)? Can you do that (Canadian law I mean?)
Expert:  CALawyer replied 6 years ago.
I will opt out to allow a Canadian law expert to answer. I have someone in mind and will send them a message to see if they are available.
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

Per the Canadian Criminal Code summary offenses have a SOL of 6 months. A summary offense is like a misdemeanor, and an indictable offense is like a felony.

There is NO limitation period for a indictable offense in Canada.

The age of consent in Canada is 14 provided there is not trust in the relationship, among other things.

Canada has a very liberal Romeo and Juliet policy.

Let me know if you need any more help.

Regards
Customer: replied 6 years ago.
Thank you for the data so far, but it is only a portion of what I need to answer the question. Is a theft of approxiately $10,000 thousand dollars over time (when the person was a minor) considered an indictable offense or not? is robbery an indictable offense when the person was a minor or not?
Regards,
Jeanne
Expert:  Flagbridge-CL replied 6 years ago.
Hello,

Theft over $1000 of value is and was indictable at the time.
Robbery is and was indictable at the time.

However the Young Offenders Act would still apply, and as such the issue would apply. As such the penalties are significantly lower.

Let me know if you have any more questions.

Regards.
Customer: replied 6 years ago.
What is "the issue" that you refer to and what is the Young Offenders Act so I know what applies?
Please, just give me enough data that I can fully answer the question, don't give me something that leaves me with another question. Then I will accept the answer.
Expert:  Flagbridge-CL replied 6 years ago.
Sir,

Young Offenders are still indicted on indictable offenses,but the incarceration periods are lower.

Your clients crimes had been committed while a young offender.

Regardless as per your original question, the indictable offenses do not have a SOL.

You original question was do they have an SOL, and they do not.

Let me know what information is missing from your original question.

Regards
Flagbridge-CL, Consultant
Category: Criminal Law
Satisfied Customers: 4618
Experience: Honors Law Graduate, Passed New York Bar, Senior Legal Consultant
Flagbridge-CL and 10 other Criminal Law Specialists are ready to help you

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