Legal Question in Criminal Law in California

Refiling of criminal court cases after release

If a defendent has been arrested and the District Attorney does not have the person arraigned within the statutory 48 hours so that person MUST be released and his release papers state he was released for "lack of evidence" and then the police turn around and immediately rearrest him and take him to court the next day is the court case which was previosly filed on the first arrest still applicable or does it need to be refiled? If it does need to be refiled and it is NOT refiled for 2 weeks is the defendant entitled to a dismissal?


Asked on 11/14/99, 2:18 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Refiling of criminal court cases after release

It appears that the court dismissed the case was dismissed, rather than the court releasing the defendant from custody.

Assuming that the court dismissed the case, it would have to be refiled. The length of time between the dismissal and refiling depends statute of limitations. Generally there is a three year statute of limitations on a felony. There are however, many felonies in which statute of limitations is longer than 3 years.

The DA can refile any time within the period of the statute of limitations.

The defendant would not be entitled a dismissal unless the statute of limitations has run.

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Answered on 11/17/99, 4:00 am


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