Legal Question in Criminal Law in California

my neighbor was arrested for hit and run dui no case has been filed they have 1 year is this unusual


Asked on 8/01/09, 2:37 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

The statute of limitations for a misdemeanor is one year. That's how long the DA has to file charges. You don't say how long it's been for your neighbor, but it could be that they gave a blood sample and the DA is waiting for the results before filing. The labs are very backlogged and results may take a while.

If it's been over a year without the filing of charges, then the DA is precluded from filing. Is your neighbor sure there are no charges yet? Could it have been that there are charges and there's a warrant out?

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Answered on 8/03/09, 9:15 am


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