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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27200
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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What is the statute of limitations for credit card fraud in

Resolved Question:

What is the statute of limitations for credit card fraud in California
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Credit card fraud is covered under California's theft statute, Penal Code, Section 484. If the alleged amount received is $950 or more, that constitutes grand theft. Section 488. The statute of limitations is three years. Section 801.
Customer: replied 5 years ago.
What happens if it is under $400, but over a year has passed, could you go to jail?
Expert:  Lucy, Esq. replied 5 years ago.
It's possible, but for a first offense, it's not likely. More likely, you would be looking at a fine and probation.
Customer: replied 5 years ago.
If you were 17 at the time could you still go to jail?
Expert:  Lucy, Esq. replied 5 years ago.
It's not likely that you would go to jail in either case, but it does depend on all the facts. What's more likely is that you could do deferred prosecution, which means that you would do probation for a year, and the charges would be dismissed at the end. That's true whether you were 17 or 18 at the time it happened.
Customer: replied 5 years ago.
This is for a term paper case study so do you think that I could ask you a couple more questions?
Expert:  Lucy, Esq. replied 5 years ago.
That's fine.
Customer: replied 5 years ago.
This is a hypothetical question for a term paper:Say you had a case that had check forgery for 1,200 in which the statute of limitations had already passed for criminal action, credit card fraud for $350 and money stolen that was below $1,000, all from the house that they lived in in which the victim was a family member, for all of which over a year had passed and $750 of the monies were returned to the victim of the crime. There was also an email of release from any possible prosecution from the victim to the defendant promissing them that no charges would ever be able to be pressed with their name. What could the worst possible outcome be for the defendant who was a minor, age 17 at the time of this event.
Expert:  Lucy, Esq. replied 5 years ago.
Well, if the statute of limitations has passed on the check forgery, nothing can happen on that. He can be prosecuted separately on the credit card fraud and the theft, though - the fact that he gave most of the money back won't change the charges. It would still be grand theft.

Once the case is reported, it's not up to the victim to decide whether to prosecute. He can still be called to testify and, if he refuses, he can be found in contempt of court and possibly jailed. So, that may or may not affect the eventual outcome.

The judge has a lot of discretion in devising a sentence, and may or may not consider the age of the defendant at the time. His age makes it more likely that he might be able to get some sort of probation, if he's willing to plead guilty. But if you're looking for worst case scenario, the judge can sentence him to jail in a juvenile facility until he turns 24. I just don't think that's terribly likely. For one thing, the juvenile detention facilities are so overcrowded that a judge probably wouldn't give someone five years for theft. But he could end up on probation for a few years. Here is some general information on California's juvenile justice system:
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Customer: replied 5 years ago.
Would the email stating ray the victim releases all power to press charges do anything for the offender when it comes to the other charges? What is the statute of limitations for grand theft?
Expert:  Lucy, Esq. replied 5 years ago.
The statute of limitations for grand theft is the same - three years. A victim can choose not to press charges initially, but the email isn't binding on the police or the DA, so if the crimes come to their attention in some other way, it doesn't offer the defendant any protection. Also, a promise not to press charges is gratuitous, so if the vicXXXXX XXXXXed his mind, there really isn't anything the defendant could do about it. It's not an enforceable promise.
Customer: replied 5 years ago.
But if charges were to be pressed, jail time is not likely though?
Expert:  Lucy, Esq. replied 5 years ago.
Probation is more likely for a first-time, non-violent offense, especially if he is willing to plead guilty.
Customer: replied 5 years ago.
What are the chances that jail time is possible? How long would jail time normally be? Would it be local or in state?
Expert:  Lucy, Esq. replied 5 years ago.
It would be at a juvenile detention facility, which isn't necessarily going to be "local." But he would probably end up at the nearest one. A sentence is based on all the facts of the case - there are a lot of factors to be considered, so it's really hard to come up with a normal sentence. It's unlikely that any jail time would be ordered, but, if it were, it would usually be just a few days.
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