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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 568
Experience:  Attorney at Law Offices of Khaled Issa
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What is the statute of limitations on California conviction

Customer Question

what is the statute of limitations on California conviction 273.5 (a) if probation was not completed by 1994
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good evening:

My name is ***** ***** I would be happy to provide general information regarding your Statute of Limitations question regarding your legal issue.

To begin with, I believe it is important to clarify one point. The Statute of Limitations is the law that requires charges be filed for a specific offense within a certain time period. Generally, if charges are not filed by the end of that time period, charges cannot be filed (or will be barred by the Statute of Limitations).

273.5(a), as you are aware, is punishable by imprisonment of 2-4 years. The Statute of Limitations for felonies punishable by imprisonment of 2-4 years is 3 years from the date of the alleged offense.

Now, once charges are indeed filed within the requisite timeframe, the Statute of Limitations is no longer applicable (as the DA's Office has complied with the Statute of Limitations requirement). Anything that happens after that (probation and its unsuccessful completion) has no bearing on the Statute of Limitations.

Therefore, based on the information you have provided, the Statute of Limitations would not apply as it appears that the person in your question had been charged within the requisite 3 year period for the offense.

Do you have any follow up questions thus far?

Expert:  Legal-Kal replied 1 year ago.

If you have no follow up questions, please remember to click ACCEPT and rate my assistance positively so I may receive credit for helping you. Thank you.

Expert:  Legal-Kal replied 1 year ago.

Reminder, please click ACCEPT and rate my assistance.

Expert:  Legal-Kal replied 1 year ago.

I am sure you can see I have assisted you. Please keep your end of the bargain and click ACCEPT.