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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-21-2009, 05:23 PM
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Satute of Limitations in Arizona


What is the name of your state (only U.S. law)? Arizona
The following case has been deemed a class 4 felony. The perp entered a place of business, stole 1200 pounds of copper pipe, and cashed in on the load at a local scrap metal establishment. The perp was caught on camera and happend to work for the victim. After the victim contacted police and an investigation followed, the victim approached the employee and perp about the theft, to which he admited being guilty. The victim agreed to drop all charges if the perp were to reimburse the victim in full for the amount given at the time of the cash in at the scrap metal establishment. The perp has made his agreed restitution and the victim has agreed to drop all charges. The perp has also already met with the detective assigned to the case to give a statement of guilt and was informed the charges could be dropped and that nothing else would come of that crime, since there is no crime where there is no victim. The detective informed the perp that perhaps other charges could arise if in fact the scrap metal yard could find a charge to bring against the perp, ex. trafficking of stolen property.

Could any other charges be brought against this individual from any other entity, mainly the scrap metal yard?

What are the statutes of limitations on this case?

What would the procedure after charges are dropped and no other charges are filed?

How long untill no charges can be filed from any entity involved in this crime?
  #2  
Old 10-21-2009, 05:47 PM
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Most felonies are limited to seven years.
Certain felonies have no limitation.
Just because the victim decides not to pursue it doesn't mean the prosecution won't. Criminal charges are brought by the state not the victim.
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  #3  
Old 10-21-2009, 06:29 PM
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The invesgitating detective informed the perp that if the victim chooses not to press charges, the paperwork will be filed, but that nothing would come of it. The detective claimed that because this case was opened, and the perp admited guilt, that he had a duty to take statements from both the victim and perp, but that the course of action hinges upon the choice of the victim wether or not to press charges. The perp claims he was not arrested, he admited guilt and met with the detective voluntarily, gave his statement, and left. Does this case sound like a felony case? Who determined if it is a felony or not? What reasons, if any, might the detective have for acting in this manor as to make the perp feel that if the victim chooses to not press chagres, the incident "goes by the wayside"?
  #4  
Old 10-21-2009, 06:50 PM
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The detective isn't the one who presses charges either. He just collects information. Do not rely on cops for legal advice.

It's a felony because that's what the law says. It's not something that's decided in Arizona at random. If the value is more than $1000 it's a felony.
Trafficking in stolen property is a felony regardless of the value.
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