Legal Question in Criminal Law in California

As many times as she wants, until the limitations period (if any) runs out or the defendant wins in court. It's conceivable that, in some circumstances, a court might rule that repeated filings justified a dismissal with prejudice -- in other words, an order forbidding any additional filings. But I have a hard time imagining what it would take to reach that point.

There may not be a statutes of limitations. If it was willful, deliberate, and premeditated attempted murder, then the maximum sentence is life. (Pen. Code, sect. 664, subd. (a).) There is no statute of limitations for any offense carrying a life sentence. (Pen Code, sect. 799.) If it was any other attempted murder, then the maximum sentence is nine years. (Pen. Code, sect. 664, subd.(a).) The statute of limitations for offenses punishable by imprisonment for eight years or more is six years. (Pen Code, sect. 800.)

If there is no statute of limitations, or the statute of limitations has not run, the prosecutor can keep filing until "jeopardy" attaches.

Mr. Roach is right, of course, that the prosecutor cannot file again if she dismisses after jeopardy has attached. That's a much better explanation than what I wrote, even though it means the same thing in practical terms.

As many times as they like, until the statute of limitations runs out.