How Long Does the Prosecutor Have to File Criminal Charges in California?

In California, the timeline for a prosecutor to file criminal charges varies based on the circumstances of the arrest and the nature of the charges. If an individual is held in custody following an arrest, the law mandates that charges must be filed within 48 hours. If the prosecutor fails to file charges within this timeframe, the individual must be released. However, it is important to note that being released without charges does not prevent the prosecutor from filing charges at a later date. In cases where an individual is cited out, meaning they receive a ticket indicating they are being charged with a misdemeanor, the statute of limitations typically applies. For most misdemeanors, the statute of limitations is one year from the date of the incident. In contrast, for felonies, the statute of limitations is generally three years from the date of the incident. There are exceptions to these general statutes of limitations. For instance, certain serious crimes, such as murder, and various sexual offenses may have different or extended statutes of limitations. Therefore, while the standard timeframes for misdemeanors and felonies are one year and three years respectively, it is advisable for individuals to consult with an attorney regarding the specific statute of limitations applicable to their case, particularly if they have been arrested for a specific crime.