Criminal Defense Q&A: I Was Accused of Shoplifting About a Year Ago; Can I Still Be Charged?
Question:
In May 2016 the police came to my house, said they had my license plate, and that a store was accusing me of theft. The police took my picture and said that the store has filed with the D.A., and that they were going to look at the tapes. It has now been 16 months total since the alleged crime took place. I have called the D.A., and they said nothing had been filed. My question is what could they charge me with this far out? I wish I knew what happened. I was shocked when they came to my door. I am not a thief; I’m a 56 year old grandmother.
Answer:
Shoplifting is a misdemeanor, and the statute of limitations (read: the deadline prosecutors have to file charges against you) is 1 year from the date of the alleged incident. Penal Code 459.5(a), 802(a).
Since more than a year has passed since the alleged incident, prosecutors should be time-barred from charging you with shoplifting.
If the value of the property allegedly taken was over $950, then prosecutors could charge grand theft (PC 487(a)) or 2nd degree commercial burglary (PC 460(b)), depending on the circumstances. Both offenses can be charged as felonies and, if prosecutors decide to go that route, they have up to 3 years from the alleged date of incident to file charges.
To be sure, you may want to contact the District Attorney’s divisional office that is closest to where the alleged shoplifting occurred: http://www.sbcountyda.org/Contact/OfficeLocations.aspx. Call the appropriate office and inquire into the status of your matter with them.
To protect your future employment prospects, you can request a case status letter from the D.A. (so that you have it in writing that your arrest did not result in charges being filed). It would also be prudent to retain a criminal defense attorney to help you seal the record of this arrest.
Read other criminal defense attorney answers at Avvo: I Was Accused of Shoplifting About a Year Ago; Can I Still Be Charged?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
