In criminal cases, a defendant may not be convicted of a
crime unless the prosecution began within the period of time set by law. The time period set by law is the Statute of
Limitations (“SOL”). The time period
starts on the date the crime was committed (or was discovered or should have
been discovered). A crime should have been discovered when the victim and/or law
enforcement officer was aware of facts that would have alerted a reasonably
diligent person or law enforcement officer in the same circumstances to the
fact that a crime may have been committed.
In criminal cases, The Prosecution has the burden of proving
by a preponderance of the evidence that prosecution of this case began within
the required time. This is a completely different standard of proof than proof
beyond a reasonable doubt. To meet the burden of proof by a preponderance of
the evidence, The Prosecution must prove that it is more likely than not that
prosecution of this case began within the required time. If the Prosecution has
NOT met this burden, the defendant must be found NOT GUILTY of the crime. Also
note, that if the defendant was outside of California for some period of time,
that time will not be included in the statutory time period. The Prosecution still
has to prove that it is more likely than not that the defendant was outside of
California for that period of time. The Prosecution has the burden of proving
by a preponderance of the evidence that the prosecution is not barred by the
statute of limitations, unless at a pretrial motion to dismiss, the defendant
has the burden of proving that the statute of limitations has run as a matter
of law.
For most crimes, the statute begins to run when the offense
is committed. If the crime is a fraud-related offense and included in Penal
Code section 803, the statute begins to run after the completion of or
discovery of the offense, whichever is later. When the courts determine the
date of discovery they determine if the investigative efforts were done with due
diligence which is the care that a reasonable person or law enforcement officer
exercises to avoid harm to themselves, other persons or their property.
A defendant may affirmatively, but not inadvertently, waive
the statute of limitations. This happens in cases where defendants are charged
with a felony which has a three-year statutory period but they later plea to a
misdemeanor. They can affirmatively waive
the Statute of Limitations defense to plea guilty to the lesser offense.
It is important to consult an experienced criminal attorney
to help you determine if a Statute of Limitations defense is available.
Here are the Statute of Limitation Time Periods:
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