Legal Question in Criminal Law in California

Re: Can Felony charges be dropped after a Certain Time?

Thank you for your inquiry.

The short answer is YES -- Penal Code section 1382, and the State and Federal Constitution, along with a seminal case in this area (Serna) hold that there is a speedy trial right and thus a statute for certain types of felonies.

My best suggestion is to get an attorney to fight this, as you may win with a well crafted motion, and the facts of your case is attractive.

I hope that this response helps you, but if you have any other questions, need more information, or feel that you do need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

Re: Can Felony charges be dropped after a Certain Time?

YES, YOU MAY HAVE A VERY GOOD SPEEDY TRIAL MOTION. If we win the case will be dismissed.

GIVE US A CALL IF THAT IS YOUR GOAL.

LARRY WOLF 310 277 1707

Re: Can Felony charges be dropped after a Certain Time?

Since it appears that a bench warrant was issued. The da had filed a criminal complaint. This stops the statute of limitations from running. Then you would have file a motion to dismisss for lack of a speedy trial. If you moved or were otherwise difficult to locate you may not be sucessful with this motion.

It may also be that the witnesses will no longer be available or will not remember the facts.

You need to be represented by an attorney. Often in a case like this the da will make what would normally be a good offer, but is not because of the lack of a witness or some other problem.