How Long Does the Prosecutor Have to File Criminal Charges in California?
Hripsime Bagdasaryan's Answer
Criminal Lawglendale, USA
Hripsime Bagdasaryan's Answer
In California, if arrested, charges must be filed within 48 hours; otherwise, you must be released. For misdemeanors, charges can be filed within one year, and for felonies, within three years, barring specific exceptions.
Failing to meet the 48-hour rule may result in release without charges.
Missing the statute of limitations could prevent prosecution of a misdemeanor or felony.
Certain crimes may have different or extended statutes of limitations.
Assuming no further charges can be filed after release may lead to unexpected legal consequences.
Below is an AI-generated transcript of the video answer.
How long does a prosecutor have to file charges in California?
So, this varies. So, if you are being held in custody, so meaning you're arrested and being held in custody, there is the 48-hour rule.
So, charges have to be filed within 48 hours or you must be released.
If you are released without any charges being filed, it doesn't necessarily preclude them from filing charges later, at a later time.
If you are cited out, meaning you're given a ticket that says you're, you know, you're being charged with X crime,
for misdemeanors, most misdemeanors, there's an applicable statute of limitations of one year from the date of the incident.
And for felonies, it's about three years from the date of the incident.
Now, there are numerous exceptions to this statute of limitations.
Murder being one of them. There's also, you know, for various sexual crimes, there's different statute of limitations.
So, most misdemeanors is one year and most felonies is three years.
Those are the applicable statute of limitations if you are not in custody.
But if you, you know, have a specific crime that you were arrested for,
it would be better to consult with your attorney for the applicable statute of limitations.
Criminal Law Lawyer
glendale, USA
