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Dimitry K., Esq.
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what (how long)is the statute of limitation for burglary in

Customer Question

what (how long)is the statute of limitation for burglary in illinois.
My friend is accused of stealing something while he was working in someone house four years ago.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

Since burlary is not a specific felony granted an exception (1st or 2nd degree murder, attempt to commit 1st degree murder, criminal solicitation to commit murder, involuntary manslaughter, reckless homicide, treason, arson, forgery, which have no statutory limitation), it is deemed as an "all other felonies", and has a 3 year statutory limtiation. Here is the law below:


(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)

Sec. 3-5. General Limitations.

(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.3, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 12-12 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense.

(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.



Edited by Dimitry Alexander Kaplun on 1/5/2011 at 5:43 AM EST
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36960
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
My friend while working as cleaning lady is someone house has taken a piece of jewelry and pound it for one hundred dollars. Now after a long time(she does not remember if it is more than three years ago or less)the owner has found out and has a video showing her taking the jewelry out of a box. They claim that the piece of jewelry worth 15,000 dollars. they have showed her the video and so far taken 700 dollars from her toward it. today they have told her that they will turn it into their insurance . she is now scared that she will go to jail and they will take her two children from her. she is a single mom and makes only a few hundred dollars a month. She has asked me for help and I need to know if i need to get a lawyer for her at this time. She has no prior conviction. What should we do.
Customer: replied 3 years ago.

you did not answer all my Questions.

 

Here it is again

 

My friend while working as cleaning lady is someone house has taken a piece of jewelry and pound it for one hundred dollars. Now after a long time(she does not remember if it is more than three years ago or less)the owner has found out and has a video showing her taking the jewelry out of a box. They claim that the piece of jewelry worth 15,000 dollars. they have showed her the video and so far taken 700 dollars from her toward it. today they have told her that they will turn it into their insurance . she is now scared that she will go to jail and they will take her two children from her. she is a single mom and makes only a few hundred dollars a month. She has asked me for help and I need to know if i need to get a lawyer for her at this time. She has no prior conviction. What should we do.

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your patience.

My apologies on the delay, I was offline for most of the day and did not get a chance to respond until just now.

How exactly are they making her pay--did she agree or sign some sort of a document with them?
Customer: replied 3 years ago.

State of Illinois

my friend had a house cleaning job( cleaning people's house and getting paid for it) Few years ago , she does not remember if it was more or less than three years ago ( The Statutory of Limitation in Illinois is Three Years) while cleaning someone's house , she got tempted ( since she had no money to take care of her two kids by herself) and stole a piece of jewelry ( a bracelet) from their jewelry box and pound it at a pound shop for 100 Dollars. Now after a few years( three years or less) the owner of the jewelry has found out and has the surveillance camera video showing my friend steeling the jewelry. The owner of the jewelry claims that the stolen jewelry worth 15,000 Dollars. First they told her that they WILL NOT press charges against her if she pays them 250 Dollars a month till the entire 15,000 Dollars is paid in full by her. However, now after receiving about 700 Dollars from her in the past month, they are telling her that they are going to turn it into their Home Owner Insurance to collect the 15,000 Dollars. Now my friend is afraid that as the result she could get arrested and put in Jail and therefore lose her two small kids. my friend is a single mom and her monthly income is only a few hundred dollars. My friend does not have any prior convictions or problems with the law. She has asked me for help. Shall we do something ,like hiring a Lawyer at this time and should she be worried about getting arrested or convicted and placed in prison as the result. This is all the information I have and she has.

Thank you for your time

Expert:  Dimitry K., Esq. replied 3 years ago.
The reason I asked about "proof" is if she admitted to the theft in writing, and is paying them off, she CAN possibly be charged since they can claim that the statute of limitation was restarted when she admitted that she took the item. Since I do not know, I cannot give you a better answer here other that to have your friend begin to seek out professional counsel via contacting a local criminal defense attorney. I would suggest she browse the listings at www.avvo.com and www.martindale.com for an attorney.

Good luck!

Edited by Dimitry Alexander Kaplun on 1/6/2011 at 4:35 AM EST

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