Statute of limitations

Asked almost 4 years ago - Stanton, CA

What is the statute of limitations that the DA has to file charges against a person for 459-460(b)PC and 470(d)PC?

Attorney answers (3)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . The standard statute of limitations on a felony is three years.

  2. Christine C McCall

    Pro

    Contributor Level 20

    Answered . Section 17(b)(4) of the California Penal Code allows the prosecutor to bring charges for violating Penal Code Sec 459 and 470 as misdemeanors rather than as felonies, in the prosecutor's discretion. If brought as misdemeanors, these charges must be filed within one year of the alleged acts in violation of the statutes.

  3. Lewis Robert Rosenblum

    Contributor Level 13

    Answered . Yes, 3 years on a felony and 1 year on a misdemeanor with the following exception if you are out of the country that tolls the statute of limitations. So its just a fact to keep in mind. Also remember if the case gets filed the statute of limitations stops from running. So you could be in a position where you are arrested on a warrant outside these time limits if the case was filed during those time frames.

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