California Courts of Appeal,
Criminal
Dec. 16, 2021
Appellate ruling examines discovery rule, SOL in criminal cases
The court applied the “discovery rule,” which holds in general that the statute of limitations for certain financial and fraud crimes begins to run only when the victim, or law enforcement, discovers that a crime has occurred.
One of the first issues to consider in defending an older criminal case is the statute of limitations. Our firm frequently challenges the criminal pleading on a demurrer when the criminal allegations appear to violate the relevant statute of limitations. While a prosecutor can typically cure the problem with an amended pleading, the issue of when did the statute of limitations start to run is ultimately a question for the trier of fact in the case.
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