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?
Administrative Law Lawyer
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.
Criminal Defense Attorney
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.