Statue of limitations for DV

[hidingfromlaw85]

California.
I'm wondering what the statue of limitations are for domestic violence and theft of a phone?
This is the background to the story. I caught my wife having an affair. We separated and during our separation she kept insisting on a second chance. I met up with her one day and we started arguing. Consequently, i ended up taking her phone and i took her arm and pulled her to use her fingerprint to unlock the phone. Once i unlocked the phone my wife started freaking out and launching her self towards me to try to prevent me from finding the evidence of her affair. I pushed her back and threw her several times to keep her from taking the phone from me. She ended up calling 911 once i read the text messages that proved she was lying to me and was still continuing the affair. When she called 911 i left. The following day a detective called me and asked me to tell him my side of the story and to turn my self in. The detective said he would be charging me with domestic violence and theft for taking her cellphone from her hand even though i didn't actually steal it. I had previously been sent to prison for catching my first wife also having an affair and hurting her and her lover. I did not want to return to prison. So i left the country that same day since i have multiple citizenships from various countries. Since i was never officially arraigned in a court of law do the statues of limitation apply? If so what will happen if i return to the US after the statue of limitations runs out? Do the statue of limitations not apply since the detective said he would be filing charges on me before i left the country? Does the statue of limitations time get put on hold since i was never arrested?

 

[quincy]

California.
I'm wondering what the statue of limitations are for domestic violence and theft of a phone?
This is the background to the story. I caught my wife having an affair. We separated and during our separation she kept insisting on a second chance. I met up with her one day and we started arguing. Consequently, i ended up taking her phone and i took her arm and pulled her to use her fingerprint to unlock the phone. Once i unlocked the phone my wife started freaking out and launching her self towards me to try to prevent me from finding the evidence of her affair. I pushed her back and threw her several times to keep her from taking the phone from me. She ended up calling 911 once i read the text messages that proved she was lying to me and was still continuing the affair. When she called 911 i left. The following day a detective called me and asked me to tell him my side of the story and to turn my self in. The detective said he would be charging me with domestic violence and theft for taking her cellphone from her hand even though i didn't actually steal it. I had previously been sent to prison for catching my first wife also having an affair and hurting her and her lover. I did not want to return to prison. So i left the country that same day since i have multiple citizenships from various countries. Since i was never officially arraigned in a court of law do the statues of limitation apply? If so what will happen if i return to the US after the statue of limitations runs out? Do the statue of limitations not apply since the detective said he would be filing charges on me before i left the country? Does the statue of limitations time get put on hold since i was never arrested?

How long have you been out of the country?

Were you on parole at the time you abused your second wife?

The statute of limitations is tolled when you leave the state/country.

 

[hidingfromlaw85]

I have been out of the country for 3 months now. and yes i was on my last few months of parole for my previous conviction.
what does it mean to have the statue of limitations tolled ?

 

[CdwJava]

California.
I'm wondering what the statue of limitations are for domestic violence and theft of a phone?
This is the background to the story. I caught my wife having an affair. We separated and during our separation she kept insisting on a second chance. I met up with her one day and we started arguing. Consequently, i ended up taking her phone and i took her arm and pulled her to use her fingerprint to unlock the phone. Once i unlocked the phone my wife started freaking out and launching her self towards me to try to prevent me from finding the evidence of her affair. I pushed her back and threw her several times to keep her from taking the phone from me. She ended up calling 911 once i read the text messages that proved she was lying to me and was still continuing the affair. When she called 911 i left. The following day a detective called me and asked me to tell him my side of the story and to turn my self in. The detective said he would be charging me with domestic violence and theft for taking her cellphone from her hand even though i didn't actually steal it. I had previously been sent to prison for catching my first wife also having an affair and hurting her and her lover. I did not want to return to prison. So i left the country that same day since i have multiple citizenships from various countries. Since i was never officially arraigned in a court of law do the statues of limitation apply? If so what will happen if i return to the US after the statue of limitations runs out? Do the statue of limitations not apply since the detective said he would be filing charges on me before i left the country? Does the statue of limitations time get put on hold since i was never arrested?

Once you left the state's jurisdiction, the SoL tolled. You can still be prosecuted when you return even IF charges had not yet been filed.

As these are likely misdemeanor offenses, the SoL is one year. But, since you left, they are left in limbo. However, if you were on parole or felony probation, THOSE offenses could also be brought back up and you could face prison or jail time for those prior offenses.

 

[CdwJava]

I have been out of the country for 3 months now. and yes i was on my last few months of parole for my previous conviction.
what does it mean to have the statue of limitations tolled ?

It means that the SoL is on hold ... the clock is not ticking.

 

[hidingfromlaw85]

there are only two persons that know i left the country and they are family so they wouldn't ever say anything and i could return to the US without being noticed the US custom officials. since the law doesn't know i left the country they assume I'm just hiding does that still place the clock on hold?

 

[hidingfromlaw85]

when i left the country i didn't leave any trace behind of leaving the country there are no records of any type that indicate i left the country. I have international alliances that allow me to enter and exit the country without being noticed by US officials. If i were to return to the US i could turn my self in and no one would know i was even out of the country. Would that be the best option?

 

[quincy]

I have been out of the country for 3 months now. and yes i was on my last few months of parole for my previous conviction.
what does it mean to have the statue of limitations tolled ?

You should have a criminal defense attorney lined up if/when you decide to return to the U.S.

Because you (more than likely) violated the conditions of your parole by leaving the country or, for that matter, even "hiding" for three months, you have far more to worry about than theft of a phone.

The statute of limitations for domestic violence in California is 3 years from the date of the last act of domestic violence (which includes emotional abuse).

 

[CTU]

Well, well, well. Someone, somewhere, isn't being entirely truthful.

(Hint: it's not Quincy, and it's not me)

 

[quincy]

Well, well, well. Someone, somewhere, isn't being entirely truthful.

(Hint: it's not Quincy, and it's not me)

Or CdwJava, I assume?

 

[CdwJava]

The statute of limitations for domestic violence in California is 3 years from the date of the last act of domestic violence (which includes emotional abuse).

Assuming it is a felony. We do have misdemeanor DV here. The description here does not appear to rise to the level of a felony.

 

[quincy]

Assuming it is a felony. We do have misdemeanor DV here. The description here does not appear to rise to the level of a felony.

He was previously in prison for domestic violence against his first wife and he is currently on parole and he admits here that he "threw" his current wife several times before he fled the country.

But, you are in the crazy state of California so if all of that equals a misdemeanor ..

 

[CdwJava]

Absent traumatic injury, domestic battery is a misdemeanor, as is preventing someone from calling 911 or stealing their phone (petty theft). Throwing, punching, or hitting a domestic partner is typically a violation of PC 243(e) (a misdemeanor). While the parole can be a felony violation, that has no specific SoL.

 

[quincy]

California is a sad state but, if throwing his wife several times is a misdemeanor, the statute of limitations is one year. The clock starts ticking again when hidingfromlaw sneaks back into California.

I recommend hidingfromlaw has a criminal defense attorney ready to contact when he is (inevitably) arrested.

 

[CdwJava]

California is a sad state but, if throwing his wife several times is a misdemeanor, the statute of limitations is one year. The clock starts ticking again when hidingfromlaw sneaks back into California.

I recommend hidingfromlaw has a criminal defense attorney ready to contact when he is (inevitably) arrested.

It is only a "simple" battery absent the traumatic injury. If he is on parole and has absconded, I suspect a warrant has already been issued, though it is unlikely they will seek extradition from too far away unless the parole includes some offenses more serious than PC 273.5 (DV with traumatic injury). If he is actually on PAROLE, as opposed to probation, and it is not PRCS (our new community parole that is glorified probation, thanks to AB 109), then the odds are very good that his underlying offense is a far more serious crime than even felony DV and he is facing some potentially significant time.