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    Taiga's Avatar
    Taiga Posts: 1, Reputation: 1
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    #1

    May 14, 2007, 07:33 AM
    Statue of Limitations
    I am currently doing a little research for something I'm writing and am trying to make sure I have the proper information. I tried looking it up myself, but I ended up getting confused and finding conflicting information. What is the statue of limitations for breaking in entering without the intent to hurt someone?

    p.s. If you are just guessing please don't answer.

    Any state in the U.S. will do as long as you indicate, I would prefer Oregon.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 14, 2007, 07:36 AM
    Hello Tiaga:

    I guess every state has different ones. I could be wrong, but I'm not.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #3

    May 14, 2007, 07:50 AM
    excon is correct. Not only does the statute vary from state to state it also varies depending on the crime. Intent has little to do with the statute since that has yet to be proved. Can you be more specific?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    May 14, 2007, 07:59 AM
    Hello again, Tiaga:

    Maybe if you spelled it right too, you might get better results. It's a statute, not a statue.

    excon
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    May 14, 2007, 08:13 AM
    Hello again, Tiaga:

    Ok, Oregon it is.

    As I suspected, it's not as simple as you would like it to be. Nothing in the law ever is. However, given the limited amount of information we have to deal with, my research indicates that it could be 4 years.

    Wthout further information, I can't give you an absolute. I notice that you're calling it breaking and entering. The prosecutor might call it burglary, and that changes everything. Plus, it's been my experience that many people think the statute does things it doesn't do. So, maybe if you gave us more details about the particular situation you're confronted with, we could be more help.

    Unless of course, you're writing a paper... But, nahhhh. You are in trouble or you know somebody who is.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 14, 2007, 09:13 AM
    First for example in GA there is no such thing as breaking and entering, it will be burglary if they actually steal something, or criminal tresspass if they don't steal something,

    This can make the SOL on the felony 7 years.

    Nor this is from the time the crime happened, to the time someone is charged, So if the criminal is known, but not caught and a warrant is issued in the 7 years, the warrant stays good forever and for the person charged, the SOL freezes the moment the charge is made and warrant issued.

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