Legal Question in Criminal Law in California

Re: Statute of limitations on burglary. 1st or 2nd degree

If you are out of the state of california that would toll the statute of limitations. Also if a complaint has been filed with the court the statute of limitations is tolled.

A warrant for your arrest would also have been issued and entered on to the interstate felony warrant listing. This listing is available to law enforcement officers in any state. If you are stopped for a traffic violation the police would not doubt check the list and discover the warrant and arrest you. Normally these warrants are no bail.

Re: Statute of limitations on burglary. 1st or 2nd degree

Statutes of limitation depend on the charge. Misdemeanors have a limit, but felonies chiefly do not. And if there is a warrant for your arrest, you can be taken in or extradited at anytime. You should contact an attorney immediately. Good luck.

Re: Statute of limitations on burglary. 1st or 2nd degree

Thank you for your posting, and the opportunity to serve you further.

With some exceptions, all crimes, even felony burglary charges, have a statute of limitations. (Exceptions exist for serious felonies such as murder). However, especially with regards to extradition, it's difficult to answer that question without full details, as many events may "toll" the statute of limitations, allowing time to stand still, if you will, and not invoking the statute of limitations as to the crime.

A person may be captured in another state, and brought to California, if there's a warrant and an extradition order. People in this specific situation have certain rights, so again, details regarding the arrest, where and when, would be important to ascertaining time lines, and his rights to certain hearings.

I hope this helps, but if you have any further questions, or need more information, feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.