Legal Question in Criminal Law in California

Re: charges dropped

Charges can be filed up to one year after the date of the incident. After that time has passed, and the City Attorney or District Attorney brings charges, you have a really good Speedy Trial violation argument to get the charges dropped.

If you have further questions or need more assistance feel free to contact me. Best of luck.

Re: charges dropped

In general, the DA has one year to file misdemeanor charges.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: charges dropped

On the DUI, the charges must ordinarily be filed within one year or they are barred by the statute of limitations and cannot be filed. Such is not the case here. (See Penal Code section 803.6). The bribery charge has a three year statute of limitations on it (PC 801). Accordingly, you cannot consider your "charges dropped," even on the DUI, until three years from the date of the incident has passed. Speedy trial rights can be implicated before that time if legal prejudice has been suffered and the delay is unjustified. Good luck to you.

Re: charges dropped

I'm sure you've read the other answers about the statute of limitations. The Penal Code 67 charge carries up to 4 years in state prison and is a felony. There are things a California criminal defense attorney can do for you from here, including intervening on your behalf with the DA and possibly appearing in court for you if only misdemeanor charges are filed.

The DA often misses the filing deadline and people are released. If the are going to file charges, they will either send you an appearance letter or a warrant may be issued for you. Again - this is where an attorney can help to protect you from a warrant going out, etc.

You probably want to contact a criminal defense lawyer in the area where this incident occurred.