I heard its a year, but someone else told me 3 years! Am I lucky it slipped through the cracks, or will they pull it up out of the blue and screw me with a dui later?
2007-05-03 10:58:11 · 3 answers · asked by mike b 3 in Politics & Government ➔ Law Enforcement & Police
The statute of limitations on commencing most misdemeanor prosecutions in California is one year. (Penal Code section 802.) However, the statute of limitations is satisfied when a misdemeanor complaint is filed in court. (Penal Code section 804.) If the COURT lost something, it would appear that a complaint has been filed, and thus the statute of limitations has been satisfied.
Prolonged delay at this point may violate your constitutional right to speedy trial, but will not violate the statute of limitations.
2007-05-04 09:44:26 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If they actually "lost" it you have a good chance of being in the clear. I just wouldn't say anything else about it and see what happens. I have no idea what the statue of limitations is on it though.
2007-05-03 11:02:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It's probably a year, but if it ever comes up, see a California attorney that handles that before doing anything.
2007-05-03 11:02:45 · answer #3 · answered by open4one 7 · 0⤊ 0⤋