Legal Question in Criminal Law in California

I do not understand the statute of limitation. If the statute of limitation is 3 years, then the DA has 3 years to file the charge. What if the DA decided not to file the charge, then I leave the country for 3 years, will the statute of limitation still apply to the time I am out of the country. Does the statute of limitation have to be continuous?


Asked on 6/29/10, 5:29 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The statute clock is stopped ("tolled") during the time you are outside California. Of course, your absence from California is up to them to prove if they file the case after the 3 years. Most of the time a DA-reject case stays a DA-reject case.

Read more
Answered on 6/29/10, 8:35 pm
Robert Marshall Law Office of Robert L, Marshall

To be more precise, the statute of limitations can be tolled for up to three years while you're outside California.

Keep in mind that the DA doesn't have to get you into court to satisfy the statute of limitations. If a judge issues an arrest warrant or, in a misdemeanor case, the DA files a complaint, that's enough to meet the statute of limitations.

Read more
Answered on 6/29/10, 8:44 pm
Anthony Roach Law Office of Anthony A. Roach

The counter on the statute of limitations stops running when the defendant leaves the country. (Think of it like an odometer). It starts running again when you reenter the country.

Read more
Answered on 6/30/10, 5:30 pm


Related Questions & Answers

More Criminal Law questions and answers in California