I was arrested without a warrant on suspicion of Burglary in California. I spent a couple of days in jail, but never even got to see the Judge, they told me after a couple of days to go home. After I cameout I foundout the judge had thrown out the case because they had no proof.
It has been more than a year and nothing has happened, should I be worried that they will arrest me again?
Is there a Statute of limitation on Burglary in California?
2007-01-26 01:49:41 · 10 answers · asked by DECEMBER 5 in Politics & Government ➔ Law Enforcement & Police
If a judge actually made a ruling in your case, which is not necessarily true, the only thing which this could have been is that a judge found that there was not probable cause to believe you committed an offense and ordered your release. I am certain that no charge was filed, because if a charge had been filed, you would have appeared in court before it was dismissed.
The statute of limitations on a burglary charge in California is three years. (Pen. Code sec. 801.) However, if there was also a grand (felony) theft, the limitations period on that is four years. (Section 801.5.)
This is one of the very few areas in California law in which you can get an arrest off your record. If there was no probable cause for your arrest, you can filed a request for a finding of factual innocence under Penal Code section 851.8. This has to be done within two years of your arrest.
If you were actually involved in this offense, this would be a very stupid thing to do, since it would quite possibly result in a new investigation and charges. (Note, contrary to a previous post, there does not need to be any new evidence under CA law to permit felony charges to be filed or refiled at least once.) However, if there was really no basis for your arrest, this would be a means of actually clearing your record of this arrest.
2007-01-26 06:22:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First, yes you can sue. The fact is you can sue for just about anything. There are thousands or attorneys just waiting for a client. Whether you have a valid suit is a whole other thing. And suing isn't the thing you really want. What you want is to sue and win. Much much harder to do. [FYI a civil suit takes 2-5 yrs to get through court so think it over real hard before filing until you are ready to invest big $$$ & lots of time.] What were the charges you were arrested on? Have you requested a copy of the report? Are you under the assumption that the arrests were false arrests because no charges were filed? Bad assumption. More likely the district attorney did not file charges because a) it was too petty to invest tax dollars on prosecuting, or b) he didn't think sufficient evidence existed to win the case, or c) even if you were prosecuted & found guilty, the judge would give you credit for time served & no more.
2016-03-29 03:23:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
There is a statute of limitations and I would say no news is good news regarding the burglary charge.
I told parents after their child was arrested, if you don't hear from juvenile court then no news truly is good news. With the backlog of cases and the inability of most District Attorneys to get around to charging a case unless there is a signed confession in blood on the presence of a notary, you are probably OK.
If you go and bug the burglary detectives about why you haven't been charged, you file may go from inactive to active real quick.
Just play the waiting game believe me, some detectives have cases they couldn't recall unless it falls into their laps.
2007-01-26 01:56:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Here in Michigan a judge can dismiss charges two ways.
#1 Dismissed without prejudice which means that the case is dismissed but if the Prosecutor or Police come up with more evidence they can re-issue charges.
#2 Dismissed with prejudice which means that charges are dismissed and cannot be reissued.
So in other words you need to find out if the judge dismissed the case and if so can it be resissued....call the Prosecutors Office/District Attorneys office and ask them.
2007-01-27 01:47:17 · answer #4 · answered by Kevin C 3 · 0⤊ 0⤋
More than likely you will never her from them again. If the case was dismissed w/o prejudice then they have to have new evidence to charge you again.
2007-01-26 03:08:22 · answer #5 · answered by Lynx4198 1 · 0⤊ 0⤋
How long can you be held in jail in CA with no charges filed
2015-03-17 17:27:43 · answer #6 · answered by Mary 1 · 0⤊ 0⤋
#1 did ya do it?
#2 If not I would get copies of the court documents that say so, and make sure all info is erased from your record.
2007-01-26 01:58:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Move on with your life hon they have
2007-01-26 01:55:11 · answer #8 · answered by texas_angel_wattitude 6 · 0⤊ 0⤋
confess my son and your sins will be forgiven
2007-01-26 02:06:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
no, it will always be in the back of your mind.
2007-01-26 01:55:38 · answer #10 · answered by Anonymous · 0⤊ 1⤋