What is the statute of limitations on theft under $5000 in alberta

What is the statute of limitations on theft under $5000 in Alberta? My friend stole property of mine and pawned it around fall of 2010, can they still be charged or has the time expired?


Asked over 7 years ago in Alberta
Categories: Criminal Law

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Lawrence Gridin

Answer by Lawrence Gridin

VerifiedOntario lawyer


There is no statute of limitations. A person could, in theory, be charged with theft under $5000 many decades after the offence. In practice, the Crown will not normally proceed with such charges after 6 months has elapsed from the date of the offence, unless there are very special circumstances.

Posted over 7 years ago

Lawrence Gridin · Brauti Thorning Zibarras LLP · 151 Yonge Street, Suite 1800 · Toronto, ON M5C 2W7 · Direct: 416-306-5765

DISCLAIMER Please note that by answering this question, I am not retained as your lawyer, and I am not providing legal advice on what you should or should not do. This answer is general legal information only. To obtain ADVICE specific to your situation, retain a lawyer that you can trust and you are comfortable working with. I am unable to provide legal information/advice over the phone or by email. However, I offer a FREE IN-PERSON CONSULTATION by appointment to anyone charged with an offence.


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What would those special circumstances consist of?

Posted over 7 years ago


Lawrence Gridin

Answer by Lawrence Gridin

VerifiedOntario lawyer


There's no defined list of special circumstances. Generally speaking, if the offence was particularly serious, the Crown (in its discretion) might choose to pursue a charge after 6 months has elapsed. I can't speak for Alberta, but in Ontario it would be very, very rare for the Crown to bother with an old theft under charge.
 
The most prominent example would be an accused with a very lengthy criminal record, especially if that record consists largely of property crimes. 

Posted over 7 years ago

Lawrence Gridin · Brauti Thorning Zibarras LLP · 151 Yonge Street, Suite 1800 · Toronto, ON M5C 2W7 · Direct: 416-306-5765

DISCLAIMER Please note that by answering this question, I am not retained as your lawyer, and I am not providing legal advice on what you should or should not do. This answer is general legal information only. To obtain ADVICE specific to your situation, retain a lawyer that you can trust and you are comfortable working with. I am unable to provide legal information/advice over the phone or by email. However, I offer a FREE IN-PERSON CONSULTATION by appointment to anyone charged with an offence.

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