Legal Question in Criminal Law in California
statute of limitations
In what book of California law, and what code #, section #, etc... would I find the Statute of Limitations regarding time for a government agency to act on a criminal midemeanors for a code infractions/violations? Can I find it on the internet and if so where please?
2 Answers from Attorneys
Re: statute of limitations
Try www.leginfo.ca.gov and check the box marked Penal Code. Some limitations periods are covered by other codes, e.g. the Code of Civil Procedure covers civil cases; "code infractions" might refer to matters covered under the Health and Safety Code or the Welfare and Institutions Code. The Vehicle Code, of course, covers driving infractions (did you know tollbooth evasion citations must be issued within 10 days?). You can also Search All Codes for keywords such as "limitation". You may also claim your constitutional rights were violated by a stale prosecution even if the statute of limitations did not lapse; I am currently handling a murder case where the defendant is challenging being prosecuted 16 years after the crime! You also have the right to a speedy trial -- to be brought to trial within a specified number of days -- once arrested or cited for a violation, these provisions can be found in the Penal Code. Hope this helps.
Re: statute of limitations
Hi. The California Penal Code sections that set forth the statute of limitations for offenses begins section 799 (P.C. 799) and goes through at least section 804. You can go to findlaw.com and go to the state law section and look under the penal code for section 799 and the following sections.
Good luck,
Elena Condes
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