More details to this question:
Client stole something (amount equal to Class A Misdemeanor) 3 years ago, and I was unaware of the item missing. He has since confessed to me that he stole the item, but no longer has it. If I report him to the police, could he be charged criminally or is it past the Statue of Limitations? Could the Statute be tolled because of concealment of the crime? Also, could the Discovery Rule play into this?
1 ANSWER
T.C.A. 40-2-102(a) states that: except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months. " I can not tell you if the statute has been tolled as the District Attorney for your county would have to answer that question. You still have a civil action against him for the value of the item that was taken.
Answered on Jul 19th, 2019 at 6:47 AM