Legal Question in Criminal Law in California

Re: Time frame for Statute of Limitations for refiling

Your statement is confusing. If the charges you mentioned are pending or there is an arrest warrant then the jail very probably has notice and will hold him rather than release him. you should retain an attorney to review his situation and help him determine how he wants to proceed. Having pending charges hanging over his head will result in a great deal of tension for him, and probably you.

Re: Time frame for Statute of Limitations for refiling

Every crime has a limitations period associated with it, which determines how much time the prosecutor has in which to file charges. If a case is filed before time rund out, the limitations clock stops ticking. If the case is later dismissed without prejudice (in other words, with the right to re-file), the clock picks up where it left off.

For example, let's say a defendant is charged with a crime governed by a two-year limitations period. If the D.A. files charges after a year and a half, he can then dismiss without prejudice and will have six months in which to re-file regardless of how much time elapsed between the filing and the dismissal. Whether the case was pending for a day or a year, he still has six months left when the dismissal is filed.

You have not told us what charges your friend is facing, how long the D.A. took before filing them, when they were dismissed or whether the dismissal was without prejudice. Without this information there is no way to tell you how much time, if any, the D.A. has to re-file the charges.