Legal Question in Criminal Law in California

If you are not charged with a crime within 72 hours and are released are you absolutely clear? Or can the authorities use evidence from arrest anytime in the future they see fit?


Asked on 1/07/13, 8:49 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

They have up until the statute of limitations to charge you. For most misdemeanors, that's a year and for most felonies it's three years. It can be longer on sex offenses and no statute of limitations on murder and some other life crimes.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

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Answered on 1/07/13, 8:53 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Dane. It is a good idea to at least speak to a criminal defense attorney and go over the details of the arrest. Don't wait until you are facing an arraignment on charges to decide that it is time to speak to an attorney.

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Answered on 1/08/13, 8:33 am


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