How long before I can feel comfortable that no charges will be filed in a criminal matter?

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How long before I can feel comfortable that no charges will be filed in a criminal matter?

I was arrested for possession of marijuana while on a visit to a CA state prison. I bailed out the same day and went to court. At the first hearing, no charges had been filed. I was ordered to return again a month later. I appeared and again, no charges had been filed. The last court date was 4 months ago. How long does the legal system have to file charges?

Asked on October 26, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should seek help from an attorney in your area.  Do you think that it will be charged as a misdemeanor?   Then it is my understanding that in California the statute to file charges in a misdemeanor is one year.  Some types of offenses, as you know, have no statute of limitations.  Murder (homicide) is one of them.  But you, you should be able to tell.  Go and see an attorney. Tell him or her how much you had on you and ask what the charge would be.  It is also my understanding that California has reduced possession charges in some cases from misdemeanors to infractions. This way you can sleep at night. 


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