Legal Question in Criminal Law in California

In California, how many times can the DA file criminal charges, before they are dropped? The DA first filed the original charges in 2008 but dropped the case once because they did not meet the trial deadline. Then second, they filed again and we went to trial with two defendants and got a hung jury (for one defendant) (and retrial motion granted for a verdict for other defendant). So on this next round, if this case is not resolved by jury conviction (because we are not pleading), hung again, or something, how many more times can the DA file this case on us? The charges agains us are attempted murder. Thank you.


Asked on 10/02/10, 1:12 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

As many times as he likes, until he gets a result he likes.

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Answered on 10/07/10, 6:08 pm
Anthony Roach Law Office of Anthony A. Roach

Actually, he can file charges until the statute of limitations runs. There is no statute of limitations for attempted murder. (Pen. Code, sect. 664, 799.)

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Answered on 10/07/10, 7:22 pm


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