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    zozimos's Avatar
    zozimos Posts: 7, Reputation: 1
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    #1

    Aug 18, 2009, 12:18 PM
    Timber Theft Statute of Limitations
    What is the statute of limitations on timber theft in Mississippi?
    Does this begin from the time the theft occurred, or from the time it is discovered?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Aug 18, 2009, 12:43 PM

    From the time when it is committed.

    I am sorry - I cannot find the specific statues on timber theft but general SOL in MS are 2 years (Mississippi Criminal Statute of Limitations Laws - MS Criminal Statute of Limitations Laws - FindLaw for the Public)
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Aug 19, 2009, 06:37 AM
    Quote Originally Posted by zozimos View Post
    What is the statute of limitations on timber theft in Mississippi? Does this begin from the time the theft occurred, or from the time it is discovered?
    Hello z:

    It would be from the time it was discovered... Otherwise, who would know when it was committed??

    excon

    PS> SOL?? My guess is three years... It really depends on HOW MUCH the timber was worth...
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #4

    Aug 19, 2009, 07:10 AM
    Quote Originally Posted by excon View Post
    Hello z:

    It would be from the time it was discovered... Otherwise, who would know when it was committed???

    excon

    PS> SOL???? My guess is three years..... It really depends on HOW MUCH the timber was worth...
    The law says when it occurred. I thought about this too - and the realistic answer is when it is discovered, but the SOL can be brought into play during the hearing as a defense.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 19, 2009, 07:23 AM
    Hello again:

    The purpose for the SOL is so that prosecutions don't drag on for years and that there IS finality... It is NOT a get out of jail free card... Consequently, it makes no sense for the SOL to begin when a crime occurs, because if it's reported 2 days before the SOL expires, the cops don't have time to investigate, and the crook gets away with it...

    Now, I'm not saying that I'm smarter than some state legislators... Ok, yes I am.

    excon
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Aug 19, 2009, 07:28 AM
    Quote Originally Posted by excon View Post
    Hello again:

    The purpose for the SOL is so that prosecutions don't drag on for years and that there IS finality... It is NOT a get out of jail free card... Consequently, it makes no sense for the SOL to begin when a crime occurs, because if it's reported 2 days before the SOL expires, the cops don't have time to investigate, and the crook gets away with it...

    Now, I'm not saying that I'm smarter than some state legislators.... Ok, yes I am.

    excon
    I forgot to think of it from that angle. Good catch. It didn't SEEM right to me the way I was saying it... I just couldn't wrap my brain around it for some reason.

    "smarter than some state legislators"... sorry man... not a tough bar to clear. :)
    zozimos's Avatar
    zozimos Posts: 7, Reputation: 1
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    #7

    Aug 20, 2009, 10:23 AM

    That sure makes sense Excon and that's the best I can hope for. Still this is Mississippi and the thief is partners in one of the main businesses in a nearby city.
    zozimos's Avatar
    zozimos Posts: 7, Reputation: 1
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    #8

    Aug 20, 2009, 10:25 AM
    Thanks all,


    I hired a forester who came back with a figure of $800/acre and the theft took place over two hundred acres which comes to one hundred sixty thousand dollars. :-(
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