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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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HOw long is the statute of limitations on filing criminal charges

Customer Question

HOw long is the statute of limitations on filing criminal charges in california?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 years ago.
In most cases, these motions are unsuccessful. This is because you at the time you took the plea you were allocuted fully on the record that you were making a voluntary and knowing waiver of your rights to go forward with the case, in order to take a plea instead, the terms of which you'd had fully explained by your lawyer.

I don't know what grounds to vacate your plea you asserted in your motion. In California, the line of successful cases I've seen in this area were those in which a non-citizen on a deportable offense had never been advised of the problem a plea could cause with Immigration. But unless there is a substantial constitutional issue like the above, your plea will probably withstand appellate scrutiny. In any case, if successful, it is only the plea that would be vacated. The case itself wouldn't go away and would be sent back to the court for eventual trial.

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This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Customer: replied 8 years ago.
Relist: Other
I did receive a reply but I didn't get my question answered. I asked specifically about statute of limitations. The reply I received discussed the opinion regarding the probable outcome of my case. No mention was made of the statute of limitations.
Expert:  A.S.B., Esq. replied 8 years ago.
First and foremost, thank you for choosing I am a licensed criminal defense attorney and member of the American Bar Association.

The California statute of limitations for criminal charges is as follows:

Code Section     Pen. §§799 et seq.

Felonies:     Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds: none; offenses punishable by 8 or more years in prison: 6 yrs.; offenses punishable by imprisonment: 3 yrs.

Misdemeanors:     1 yr.; misdemeanor violation committed on a minor under 14: 3 yrs.; sexual exploitation by physician or therapist: 2 yrs.

Acts During Which Statute Does Not Run     Not in state, max. extension 3 yrs.; statutory periods do not begin until offense is or should have been discovered

This should answer your question. Please, do not forget to click "Accept" so I am given credit for my response, research, and work. Do not hesitate to reply with any needed clarifications and I will answer your queries as quickly as possible. Thank you and good luck!!!!