Legal Question in Admiralty Law in California

After a person has been arrested on a misdemeanor violation of the Harbors and Navigation Code, how many days do they have to file a Criminal Complaint with the County, in the Superior Court of California? And if they go past the deadline date to file, must I appear in court to ask for a dismissal ?

Asked on 9/05/10, 4:50 am

2 Answer from Attorneys

Steven Hertz Hertz Steven H.

The statute of limitations in California for a misdemeanor is one year. You do not have to dismiss a charge that has never been filed. The requirement is that the charge be filed within one year, not that it has to be brought against you by warrant or proceeding. If the state files a charge for a misdemeanor after one year, then you can move for the court to dismiss the charge, either by written or oral motion.

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Answered on 9/10/10, 6:49 pm

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