my ex employer stated that I took money from his business, we signed an agreement to repay, which I did, it did take a few years, can he still press charges against me?
Answer
In California, a private party can complain about criminal conduct to law enforcement, but the private party has no say or decision in whether or not criminal charges are filed. California law is clear that the discretion to file charges is left with the District Attorney.
So the issue is whether or not criminal charges can be filed by the District Attorney after the passage of time, which involves the statute of limitations. It appears that the underlying statute of limitations is the four (4) year statute set forth by Penal Code section 801.5.
Answer
I agree with Mr. Roach as long as the amount stolen was over $950.00. If it was under $950.00 the statute of limitations is one year. Other factors may also affect the statute of limitations. If you are afraid of being charged you should consult with a criminal defense attorney.
No comments:
Post a Comment