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Arrested, charges are still pending one year later?

I was arrested on an embezzlement charge one year ago today. Since that time, I have not be asked to appear for an arraignment, nor have charges been filed. They are listed as "pending". Is there a statute in California that requires the DA office to file within a certain time? Can these charges just be left "pending"?

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Attorney answers (4)

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Reputation Level 20
If you are charged with misdemeanor embezzlement the DA has 1 year to file the charge. If it's a felony case, the staute of limitations will be at least 3 years. The charges will be pending until the time limit has expired.

Reputation Level 13
Of course Mr. Kaman is correct. The time limit or statute of limitations for the offense will be dependent on whether the DA brings misdemeanor or felon charges against you. Good Luck!

Avvo Pro

Reputation Level 12
There is definitely a statute of limitations as to when the case can be filed. Typically, it is one year for misdemeanors and three years for felonies, with exceptions. Additionally, if the investigation is on-going or there is reason for the statute to be "tolled", the prosecutors can get around those statutes. There are also constitutional speedy trial issues, aside from the statutes which I listed above. Notwithstanding all of this, cases sometimes do get filed beyond the statutes, and the prosecutors have to show due diligence and provide good cause as to what the delay in the filing was. That can be combatted by your attorneys in arguing that you are suffering prejudice from the delay (ie witnesses are no longer available, evidence is destroyed, etc.). Sometimes, cases linger because the investigating detectives get transferred, there is further investigation going on, etc. Although it will continue to weigh on your mind, best bet is to let the sleeping dog lie. Good luck!

Reputation Level 11
The "statute of limitations" governs this issue, at Penal Code section 800 et seq. The rule for a misdemeanor is generally one year. An embezzlement or other theft is generally a misdemeanor if the value of the theft is $400 or less, a felony if over that amount. If the charge of embezzlement can be filed as a felony, whether it is actually filed as a felony or not, the statute of limitations may be up to 4 years from the date of discovery of the loss.

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