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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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the department of human services in my town has pressed charges

Resolved Question:

the department of human services in my town has pressed charges on me saying that i did not turn in documentation for child care assistance in 2005. i turned in the information for my full time job but not me prn (as needed) job, because i didn't know that i had to since i did not have set hours or need day care assistance when i worked at that job. they said that the earnings from my prn job put me over the allotted amount of money that i could make in order to qualify for assistance. they sent me a bill for a little over 2000 dollars. i signed a paper agreeing to pay 20 dollars a month and i was sending them the 20 dollars evey monthe. i was served a felony arrest warrant and arrested on friday and since have been bailed out. they are charging me with felony theft and felony criminal impersonation. is the statute of limitations up. i do not have a previous record and i am scared to go to jail. i go to college and am supposed to be joining the military this year. what can i do
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.
Hello rosie and welcome to JustAnswer. I am sorry to hear about the problems you are having.

The general statute of limitations for filing a felony in Colorado is three years from the date of commission of the offense. Colorado Revised Statutes section 16-5-401, subsection (1)(a).

However, the 3 year period starts upon the commission of the last act of any series of acts which violate the law. So, the date on which you last submitted documentation related to the 2005 year assistance, would start the 3 year SOL period. CRS section 16.5-401, subsection (4).

Furthermore, the SOL for theft does not start to run at all until the theft has been discovered. CRS section 16.5-401, subsection (4.5)(c). Therefore, the statute in your case would not start to run until the fraud was discovered.

Which, if any, of these exceptions would apply in your case, depends on the exact circumstances under which they discovered that you had not reported your prn income and when that occurred.

At this point, you absolutely have to consult with an attorney about this problem. If you cannot afford an attorney, you should ask the court to appoint the public defender. You can do this when you go to court the first time (for your arraignment).

It is particularly important that you make your attorney aware that you were planning on entering the military, as a felony conviction may well prevent you from being able to do so.

Thanks for asking your question here on JustAnswer and good luck dealing with this problem. If you have any other questions, please let me know.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
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