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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 15466
Experience:  Criminal law experience in both JAG and the civilian sector.
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statute of limitations; when does the clock start, when the

Resolved Question:

statute of limitations; when does the clock start, when the incident occurred or when charges are filled. not a capital case
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Allen M., Esq. replied 10 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

The statute of limitations for criminal offenses in California begin to run the date of the offense. The amount of time that they have to file the charges depends on what they are charging, because that determines how much jail time could be available and it is that figure that determines what class the charge fits under (so, the SOL could be 10 years, 8 years, 4 years, 3 years or even 1 year.....depending on the exact charge).

The time clock that starts running on the date the files are charged is called the "speedy trial" clock and it is the time that they have to actually complete a trial following charging someone (they can't take forever to do that).
Customer: replied 10 months ago.

i haven't been charged or anything, and the incident occurred in 2007, so the date of the crime does not count it when they officially charge you

Expert:  Allen M., Esq. replied 10 months ago.
No. That's not what I said.

The date of the offense is what counts. The statute of limitations begins to run the moment the offense occurs. But 2007 is not that long ago. That's only 5 years ago and there are a number of crimes that that would still be within the statute of limitations.

So, it could or could not be within the statute of limitations. It really depends on what could be charged.

An entirely different clock starts running after you are charged, but that's not relevant to your question so don't worry about it.

To answer your question again, the statute of limitations begins running from the date of the crime.
Customer: replied 10 months ago.

my clock says 6 years ago. But thank you so very much, i apologize for being so obtuse. But you gave me the answer

Expert:  Allen M., Esq. replied 10 months ago.
Yeah, 6 years. I picked law school because I was bad at math.

So, that takes you beyond many of the SOL's but not all of them. Again, it really depends on what you could be charged with, but most crimes would be beyond the SOL.

Take care.
Allen M., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 15466
Experience: Criminal law experience in both JAG and the civilian sector.
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