Legal Question in Criminal Law in California
a family member was charged with pc459 second degree,pc475 c, pc496 a, pc530.5. in 2005. But he was already in custody in another county and never arraigned on it. They issued a bench warrant, but since he failed to appear, they left the case open. Now he supposed to be getting out of custody in Sept 2014 from the first case. So he filed to be seen for this case with a 1385 form, they went and picked him up to answer for these charges. Can they even still hold him on these charges, i thought the statue of limitations would be up by now. He has never been arraigned on them.
2 Answers from Attorneys
The issuing of a bench warrant stays the statute of limitations.
The statute of limitations applies to the time for a prosecutor to file criminal charges after a crime is committed. It does not apply to the time to bring someone in to be arraigned on the charges.
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