how long does the d.a. have to file charges on a dui

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how long does the d.a. have to file charges on a dui

i got a dui in contra costa county, california in mid march, and as of today, may 15th, the d.a. hasn’t filed charges. i called the court to see about a court date and they told me that the d.a. is backlogged in court . i asked if they might possibly dismiss it and she said it was possible but not very likely. i blew a .12 and wonder since it was a low amount maybe they would not waste their time because of the case load they have. i do know there is something about a right to a speedy trial, but is that meant for after you are charged? either way i have learned my lesson, rhank you

Asked on May 15, 2009 under Criminal Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is a statute of limitations for criminal actions: the time when prosecution for an offense should commence.

A prosecution is considered commenced when either an indictment is filed or the defendant is arraigned on a complaint charging him with a felony.

So, for any offense punishable by 8 years or more in prison, the action must be commenced within 6 years. For an offense punishable by imprisonment, the statute of limitations is 3 years. For a misdemeanor, 1 year.


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