Legal Question in Criminal Law in California

statute of limitations

if someone is in cdc prison and accused of additional crime (only accused) how long does d.a. have to pick up case and try to add time to existing term which ends in 9 months already? 1 year or 3 years? he has actually been told both by different people with extenive knowledge in the field. he wants to know the true time frame.


Asked on 1/23/08, 3:09 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: statute of limitations

Every crime has its own limitations period, and the D.A. can file charges any time before that period expires. Without knowing what the new crime is, I can't say what limitations period applies.

That the defendant is due to be released in nine months has no bearing on when he may be charged with the new crime. He can even be charged after he is released, provided that the limitations period has yet to run. If circumstances warrant, he can be jailed again pending trial on the new charges, though he could be released on bail if he is able to raise enough money and if the court sets a bail amount.

Read more
Answered on 1/23/08, 3:27 pm


Related Questions & Answers

More Criminal Law questions and answers in California