If someone was facing felony charges in California for practicing laser treatment with out a doctors license,posted bail then fled the country before trial is there a statute of limitation? I keep hearing conflicting stories .Can someone clarify?
2007-05-13 13:57:49 · 6 answers · asked by andy253 1 in Politics & Government ➔ Law & Ethics
There is certainly a statute of limitations for most felonies in California, as there is in every other state of which I am aware. The usual time limit is 3 years, though it is longer in many cases.
However, the statute is a limitation upon the COMMENCEMENT of a criminal proceeding, not on bringing somebody to trial If an arrest warrant was issued for this person, then the proceeding has commenced and the statute of limitations has been satisfied under CA law. (Pen. Code sec. 804.)
If a proceeding had not been commenced, the time for doing so could be "tolled" for a period of time while the person was out of the state, but that "tolling" is limited to a maximum of three years. (Pen. Code sec. 803.)
2007-05-13 18:28:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Since the person has already been charged (hence the need for bail and the subsequent bail jumping), the statute has been perfected. There is no time limitation on felonies - you could have robbed a bank 35 years ago and just now be charged.
2007-05-13 14:12:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Every crime but murder has a statute of limitations. However that means that the person must be charged. They were. If you FTA (failure to appear) or just flee the state then the statutes are said to toll. Meaning the statute will be put on hold.
2007-05-13 14:09:01 · answer #3 · answered by Damien T 3 · 1⤊ 0⤋
The quack was in the throes of being prosecuted, and a trial date had been set (?); the Statute of Limitations is the designated time limit for prosecuting the case.
Since the quack had been prosecuted, no Statute of Limitations issue.
Thus, the quack has a warrant out for his arrest and he is a fugitive of justice, for the rest of his life, or until he is caught or turns himself in.
2007-05-13 14:32:41 · answer #4 · answered by MenifeeManiac 7 · 0⤊ 0⤋
There is no statute of limitations. The person now has a warrant for their arrest and it will be their for as long as it takes to find them.
2007-05-13 14:12:25 · answer #5 · answered by r riggs 3 · 0⤊ 0⤋
There is no statute of limitations on a felony
2007-05-13 14:06:21 · answer #6 · answered by Lorenzo Steed 7 · 0⤊ 1⤋