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IN California how long does the DA have to file Charges against me on a Concealed weapons charge

Stockton, CA |

I was walking down the street and the cops pull in front of me and started searching me. They found a loaded weapon on me. I went to jail and posted bond. I went to to court and the case wasn't file at the time and my bond was exonerated. So how long do the DA have to file charges against me? I haven't heard anything about the case.

Attorney Answers 2

  1. I'm going to edit the practice area of your post to "Criminal Defense."

  2. Assuming that you get charged with a violation of Penal Code Section 25400(a)(2), a felony, they have three years to file charges. Assuming Misdemeanor, one year. There are many varieties of carrying a firearm, which can determine whether it is a felony or not, including, was it registered, was it stolen, did you have a prior conviction for this type of charge, did you have a felony conviction. I would make sure your address is current with the DMV and look out for a letter informing you that you have been charged. Then I would consult with an attorney and tell him what happened because you may have a search and seizure issue.