Legal Question in Criminal Law in California

Re: Felony Charges

The D.A.'s deadline is set by the statute of limitations, which starts ticking when the crime is committed (or, under some circumstances, when it either is discovered or should have been discovered). The date of the arrest is irrelevant.

Re: Felony Charges

The more time that passes, the greater the chance that no charges will be filed.

The more time that passes, if you are eventually charged, the stronger the argument your lawyer has that you were denied a speedy trial or were otherwise prejudiced by the delay.

Re: Felony Charges

How much time the prosecution has before they lose the right to file charges depends on the specific statute of limitations for the offense involved. There is no statute of limitations for murder, for example.

The more time passes, the better your situation looks. One year is a good rule of thumb in my view - if nothing has been filed within that period chances are significant that nothing will be filed at all. Exception would be a situation where there is an active ongoing investigation where law enforcement needs more time to gather more evidence.

Hope this helps,

Jacek W. Lentz, Esq.

www.lentzlawfirm.com

310.273.1361

Re: Felony Charges

Depends on the charges the DA is contemplating, but certainly the more time that goes by the better.