How long can the DA's Office keep my pretrial going before they have to charge me?

Asked about 1 year ago - Stockton, CA

I have been going to court for over a year now. Originally they DA's office was going to try to charge me for 2 counts of Welfare Fraud one for food stamps the other for Cash Aid. I have gone to court every time and have been told either the DA isn't there or the DA hasn't decided if he will change it to a misdemeanor or not. I have not been charged with anything and it is starting to get wearing going into court only to find nothing is being done. I have done everything they have asked of me and shown up on all the appointed times. I don't know what else to do. Is there a time limit that they have to charge me?

Attorney answers (3)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The statute of limitations for a felony is 3 years; for a misdemeanor it is 1 year. Get an attorney to discuss this further.

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  2. Stephen Troy Allen

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree.. 3 years for a felony, one for a misdemeanor. Usually, the amount of the fraud will be the determining factor whether or not it will be a felony or misdemeanor. Get an attorney as mentioned. Good luck.

  3. Adam Laurence Pearlman

    Pro

    Contributor Level 12

    Answered . If you have not be charged then the DA has three years to decide whether to file felony charges against you and one year to decide whether to file misdemeanor charges. If, on the other hand, you have been charged then you and your attorney control how quickly or slowly the case goes to trial or settles.

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