Legal Question in Criminal Law in California

Limitations on filing cases

A friend has served five years on a charge and now that he is almost served his time, another city has filed another case for a crime that occured six years ago, when he was first arrested the other city that is now filing charges was aware he was in custody, but never filed a case on him, can they wait five years let him serve the time on that case before they file for their case. Does'nt he have the right to have his cases ran concurrent and all tried at the same time. And if the description given by the victim does not match the defendent, but someone else he knows, and this person were to admit to committing the crime can they arrest him after five years or longer?


Asked on 5/31/99, 6:39 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Limitations on filing cases

You did not state the nature of the crime that is being charged 6 years after the incident. The type of crime that is charged is important.

As a general rule: felonies have a 3 year statute of limitations. There are many exceptions to this rule. Crimes that involve molest or sexual crimes with a minor have a very long statue of limitations. Crimes involving fraud, embezzelment etc. where the crime is hidden and the victim is unaware of the crime, the statute of limitations starts to run when the crime is discovered or should have been discovered.

There is a penal code section, as I recall 1321, most individuals in prison know this section, which requires the district attorney to proceed with the prosecution of a criminal complaint within a specified time or the case will be dismissed.

An attorney should be retained to review the file in both the case in which your friend was sentenced and the case involving the new charges. This should be done immediately.

Read more
Answered on 6/01/99, 8:39 pm
Larry Bruce Larry B. Bruce Attorney At Law

Re: Limitations on filing cases

There is a complex relationship between a person's

right to a speedy trial by Statute in California and

by U.S. Constitutional Sixth Amendment right. Seek

competant local counsel. Few Judges understand the

difference.

Do not try to do this In Pro Per.

Good Luck

Larry

Read more
Answered on 6/01/99, 11:15 pm


Related Questions & Answers

More Criminal Law questions and answers in California