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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23581
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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California pc 647 j a misdeameanor was never arrested in

Customer Question

california pc 647 j a misdeameanor was never arrested for this in 12/2014 A warrant last month arrested bailed out then go to court this morning statue of limitations on this is one year but the da says extenuating circumstances what is that so they gave me another court date to go back the statue of limitations in ca is 1 yr on misdemeanors
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: may 6 2016
JA: Have you consulted a lawyer yet?
Customer: no public defender
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: about what
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 6 months ago.

Have you retained a lawyer for this matter? What is your question with regard to this incident?

Customer: replied 6 months ago.
no, what kind of extenuating circumstances on this charge ca pc 647 j the statue of limitations is up this was in dec.2014 just went to court this morning
Expert:  Zoey_ JD replied 6 months ago.

There are events that can keep the statute of limitations from running. For example, if you left the state of California and were staying elsewhere, that would toll the statute. If there was a warrant that issued for you while the statute of limitations was still running, that would toll the statute. If the circumstances were such that the DA's Office did not learn about the crime when the incident occurred but only could have first reasonably known of it later, that too could toll the statute.

I can't tell you what the state of California is going to assirt in your particular case. That will come out in court. But what generally would happen is that you would show up on your case and plead not guilty at your arraignment. Your lawyer -- and you should have one because the state would not bring this case late unless they felt they had a good chance to overcome a statute of limitations challenge -- would then move to dismiss the charges on the grounds that the case is time barred by the statute of limitations.

The DA would then put forth its argument and defense would respond. Frequently, this would be done on papers so that the law and case precedent could be examined and cited by both sides. Then the judge would rule and either dismiss the case because of the statute of limitations argument or find good cause for an extension. If the latter, and you went on to lose the case, the judge's decision could be examined on appeal.