Statute of limitations in california

Asked over 2 years ago - Los Angeles, CA

Hey guys what is the statute of limitation for misdemeanor and felonys in California? LIke for instants misdemeanor fraud or felony drug charges and so on. Because on wiki answers someone put that there is know so SOL in california. Thanks and im sorry to bother you great attorneys.

Attorney answers (3)

  1. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with the time frames set forth by my colleague but make sure also that you understand what the SOL is. The statute prescribes the maximum time the DA has to file charges from the date of the offense. Usually the DA files fairly quickly. However if the DA waits until the last day of the statutory period to file and you are prejudiced thereby you may have a due process argue that your case should be dismissed even though the SOL has not run. This seemingly simple subject has its own complexities.

  2. David Jon Pullman

    Contributor Level 19

    Answered . There is a statute of limitations for most crimes in CA. For most crimes that can only be filed as misdemeanors, it is one year. For most crimes that can be charged as a felony, the statute of limitations is 3 years. Most fraud charges can be filed as either a felony or a misdemeanor, so would be subject to the three year SOL, except that many fraud charges have a special SOL that is four years from the date the fraud is discovered. Felony drug charges carry a three year statute of limitations.

  3. Sonia Pascher

    Contributor Level 7

    Answered . In CA, a misdemeanor charge has a SOL of one year. If the prosecution files the case after one year, you may be eligible for relief with a Serna motion. I also concur with counsel with the timeframes for felonies.

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