how long before the prosecuting attorney has to file on the case

How long can you be in jail for a crime in California?

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically the general limits on filing criminal charges are: Felonies punishable by imprisonment for eight years or more – six years after commission of the crime; Other felonies– three years; and. Misdemeanors – one year.

What is the statute of limitations?

Generally, statutes of limitations are laws which set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.

What are the statutes of limitations in California?

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically the general limits on filing criminal charges are: 1 Felonies punishable by imprisonment for eight years or more – six years after commission of the crime; 2 Other felonies– three years; and 3 Misdemeanors – one year.

How long can a felon be charged as a wobbler?

Other felonies– three years; and. Misdemeanors – one year. Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime which the prosecution chooses.

Why is it important to retain an attorney?

Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensuring that the accused has an effective defense, but also to ensure that the prosecutor does not violate the applicable statute of limitation.

Is there a statute of limitation for homicide?

Thus, as an example, there is no statute of limitation for homicide. Second, with regard to certain crimes of a sexual nature ( i.e., rape, sodomy, etc.), charges may be brought within one year of establishment of the identity of a suspect by DNA testing, regardless of the date the crime was actually committed.

Scott Kinshella

The prosecutor does not have to make a decision immediately, and, as the previous responder said, if they have a high case load or they want to do additional investigation first, they may take considerably longer than a week and a half.

Thuong-Tri Nguyen

Two weeks are not all that long. It may takes months before the prosecutor's office gets around to a file. The office likely has many cases to consider.

4 attorney answers

I agree with my colleagues. You must file a motion to dismiss for unreasonable delay or a motion to reduce bail. More

Mark M Cheser

Yes. There is a time limit but it is not a hard and fast limit, it depends on all the facts and circumstances. A motion for a probable cause hearing would be the next move, where the state would be required to demonstrate that there is probable cause to hold him through a grand jury Indictment or a hearing. More

Scott C. Buerkle

Yes, there is a time limit but unlike some jurisdictions in NJ you must file a motion. Please do not hesitate to call should you have any further questions.

How long does a person have to be in jail for a crime in Louisiana?

For serious felonies — which are punishable by imprisonment at hard labor but do not carry the possibility of life imprisonment — the State has six years from the date of the crime to begin prosecuting that individual. Examples of serious felonies could include attempted murder, arson, kidnapping, or simple burglary. So, for example, in Louisiana, if someone breaks into a car and steals the CD player, the State would have six years from the date of the theft to file prosecution charges against the defendant. For lesser felonies — felonies not necessarily punishable by imprisonment of hard labor — the prosecution has four years.

Can a sex offense be prosecuted beyond time limits?

Prosecution for any sex offense may be commenced beyond the time limitations if the identity of the offender is established through the use of a DNA profile after expiration of the time limitation. This happens frequently now that a DNA database has been established.

How does a warrant work?

Once a warrant is issued, it goes into a database that police use to track whether people have warrants and check people’s criminal records. Depending on how serious the particular case is, the police can then assign officers to try to find the person who has the warrant.

Why is a felony warrant considered a serious charge?

A felony warrant is just a more serious warrant because it’s a felony charge. Most of the time, people could potentially face prison time on these charges. The police are a lot more likely to go out and find someone who has a felony warrant because they perceive that person as more dangerous.

Can a prosecutor review a case?

Other circumstances where prosecutors are reviewing cases is if they can’t find the person and now the police want a warrant issued for their arrest. They can go to the prosecutors, have the prosecutors review the case, file the case, and then the police can put a warrant into the system for that person’s arrest.

Can a criminal defense attorney prevent charges from being filed?

Can your criminal defense attorney prevent charges from being filed? Under the right circumstances, your attorney may be able to present, to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have.

Can an attorney present evidence that the prosecutor does not have?

Under the right circumstances, your attorney may be able to present , to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have . Sometimes, police do a one-sided investigation where they’re not looking at things that might exonerate a potential criminal defendant.

Can prosecutors file lesser charges?

There might be another story that the prosecutors don’t have, that they can consider. If we can provide that to the prosecutors, they may choose not to file charges or to file a lesser charge.