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: Southern California Criminal Defense Blog

Statute of limitations for Filing Grand Theft Charge Commences when Government Entity with Duty to Investigate and Report Crime Discovers Offense

By Walin & Klarich

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Penal Code section 801.5 provides that prosecution of certain offenses, including grand theft, fraud and perjury, ?shall be commenced within four years after discovery of the commission of the offenses . . . .? (emphasis added). Section 803, subdivision (c), provides that the four-year statute of limitations ?does not commence to run until the discovery of [the] offense . . . .? (emphasis added). The Penal Code does not specifically identify whose discovery triggers the running of the statutes of limitations, but case law holds that the limitations period begins running on the date either the ?victim? or a responsible ?law enforcement official? learn of facts which, if investigated with reasonable diligence, would make that person aware a crime had occurred...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 11, 2009 (boomark / email).

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