Legal Question in Criminal Law in California
I'm trying to find out if there's a statute of limitations on felony criminal cases (driving on suspended recv stolen prop, paraphernalia, poss of a control substance & resisting arrest) Also misdemeanor cases (driving on a suspended) ?
3 Answers from Attorneys
The statute of limitations on misdemeanors in California is one year.
The statute of limitations on most felonies in California is three years, but there are some with up to six years (certain sex offenses) and others such as murder with no statute of limitations. There are also issues with tolling due to the age of the defendant or the defendant being incarcerated, but generally speaking, three years for felonies.
There are statutes on every criminal charge: one year for misdemeanors; three or more years on felonies. That means from the commission of the crime before arrest or charges filed. Once charged or arrested, no more statutes apply if you run and hide, and warrants are forever.
Additionally: It sounds like you are talking about criminal cases already filed, with warrants outstanding. If so, those warrants remain 'forever' until the case is handled and closed.
To handle [clear] a warrant, you MUST turn yourself in to the issuing court, with or without an attorney. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present. You�ll try to negotiate a recall of the warrant[s] and seek bail reduction or OR release. You�ll try to negotiate a plea bargain on any �Failure to Appear� charge or probation violation that caused the warrant. You�ll try to negotiate a dismissal, plea bargain or take to trial any outstanding charge that led to the warrant. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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