Is it possible to fight a crime that was filed 1 day before the statue of limitations?

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Is it possible to fight a crime that was filed 1 day before the statue of limitations?

This crime was 4 years ago and they are trying to give me 12 years, 20 years max.

Asked on November 15, 2012 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can still be prosecuted for the crime because the case was filed before the statute of limitations expired.  If the statute of limitations had expired, that would bar prosecution.

It would be advisable to be represented by a criminal defense attorney.  There may be other defenses that can be raised in the case depending on the applicable law and facts, but the statute of limitations is not one of them.


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