Can a defendant waiving the statute of limitations and be convicted of a time-barred charged offence?
California, United States of America
The following excerpt is from People v. Trujillo, B282616 (Cal. App. 2018):
9. Although Trujillo did not directly raise this issue below, a "defendant may not inadvertently forfeit the statute of limitations and be convicted of a time-barred charged offense." (People v. Williams (1999) 21 Cal.4th 335, 338.) There is nothing in the record to indicate Trujillo intended to waive the statute of limitations. Therefore, we may consider the argument for the first time on appeal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a criminal defendant waive the benefit of a statute of limitations to a lesser offence than that charged? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
When a charging document indicates on its face that the prosecution is time-barred and does not contain any information relevant to tolling the statute of limitations, can the charging document indicate that the charge is time barred? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
When a defendant is convicted of a secondary offence while he was out on bail for a primary offence, can he be punished for his secondary offence? (California, United States of America)
When a charging document suggests or indicates on its face that the action is time-barred, can a person convicted of the same charge raise the statute of limitations at any time, including on appeal? (California, United States of America)
Is a defendant entitled to a forfeiture rule in the statute of limitations when they are convicted of a criminal offence? (California, United States of America)
When a charging document suggests or indicates on its face that the action is time-barred, can a person convicted of the same charge raise the statute of limitations at any time, including on appeal? (California, United States of America)
Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered? (California, United States of America)
