Legal Question in Criminal Law in California
Time limit of da filing on defendent?
How long does the DA have to file a case against you once you have been relased from custody if it is not filed at the time of your arrest?
2 Answers from Attorneys
Re: Time limit of da filing on defendent?
Different crimes have different limitations periods. Those periods run from the time the crime is committed, so the time the suspect is released from custody (assuming he's ever placed into custody in the first place) is irrelevant.
Re: Time limit of da filing on defendent?
For most misdemeanors, the time limit is one year. After one year you would have an argument to make alleging the time delay was violative of your constitutional rights to due process. For felonies, the time limit is normally 3 years and up depending on the offense. Obviously, more serious crimes have longer statute of limitations.
Good luck,
Elena Condes
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