Legal Question in Criminal Law in California
time limits for criminal proceeding
city of Glendale Ca arrested me on 09-20-06 I still havent seen a judge, I been to court 3 times and have another ct date on 01-24-06 the charge is hs 11378 Im out on bail. Does Cal rules of Court Rule 4.110. (B) re:time limits apply here?
2 Answers from Attorneys
Re: time limits for criminal proceeding
Not at all that rule applies ONLY to the filing of an Information AFTER the preliminary hearing has been held...the applicable limit now is the general statute of limitations (3 years) for the DA to file charges...best to have cousnel appear to avoid either...the judge exonerating your bail and later you are arrested again, or, you appear and the charges are filed and the judge raises your bail and you are in custody. It's not right but it does happen.
DJM
Re: time limits for criminal proceeding
The event that triggers when you have to see a judge is when you are arrested and in custody. If you are out on bail the relevant time limitation is the statute of limitations.
If charges haven't been filed yet, then the there is no time limit to come before a magistrate. After one year you can argue a due process violation, but normally charges are filed before one year.
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