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what is statute of limits on tca39-14-403 theft over 500.0

Resolved Question:

what is statute of limits on tca39-14-403 theft over 500.00
Submitted: 7 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 7 years ago.




Thank you for your question.


39-14-403 is Aggravated Burglary (not merely theft), a Class C Felony.

The statute of limitations for a Class C Felony is 4 years.

However, it's important to understand that a statute of limitations ceases to be relevant once a warrant is issued or charges are filed.


While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger.



Sincerely,


_____________________________________

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Customer: replied 7 years ago.
the warrant is 3 yrs old and there was no aggravated burglary. i was under the impression that this is a class e since it wasnt theft over 1000.00. I called the police to make a report about a dog in my pool. He took my info and arrested me. I wasnt aware of the warrant until today but its dated June 19 2007. i went to city jail do I go to county court?
Expert:  AttorneyTom replied 7 years ago.





Again, the statute of limitations applies to the time period in which the state must charge a person or issue a warrant. There is no requirement that the state apprehend a suspect within that period. Such a requirement would encourage cat-and-mouse games and would be contrary to public policy. Therefore, the statute of limitations ceases to be an issue once a warrant is issued.

39-14-403 is Aggravated Burglary. Theft is a different statute. 39-14-105 grades theft and theft of $500-$1,000 is a Class E felony. The statute of limitations on a Class E felony is 2 years.

If you're wondering where you should appear for your court date, you can find that out at the Clerk of Court's Office. The Clerk's Office can provide you with the address and room number, both of which are essential.

You'll want to retain an attorney to represent you in the matter.



While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

AttorneyTom and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.

I'm so sorry the writing on the paperwork isnt great it is tca 39-14-103 not 403. after the tca code it says theft over 500.00. does it make much difference? I havent moved and I just served Jury duty in the same district. Why didnt they arrest me then?

 

Expert:  AttorneyTom replied 7 years ago.
I understand. Understanding a police officer's handwriting can be on par with trying to read that of a doctor. Sometimes, words or numbers are outright unidentifiable.

39-14-103 defines theft. 39-14-105 grades it (explains how serious it is). Therefore, the previous response remains unchanged.

Regarding the jury duty matter, they may simply not have checked your criminal record and therefore they may not have noticed the outstanding warrant.



While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).