
The DA has a limited time to file charges in California, depending on the type of crime. This deadline, known as the statute of limitations, varies based on whether the charge is a misdemeanor or a felony.
If you believe the DA (district attorney) plans to file charges against you, take action now. Our Burbank criminal defense lawyers will review your situation, explain what you are facing, protect your rights, and build a strong defense before the DA files the charges.
You can talk with us about your situation and next steps during a free consultation with our team.
Determining Long Does the Prosecutor Have to File Charges in California
California law sets deadlines for prosecutors to file criminal charges. These time limits ensure cases are brought to court within a reasonable period. The amount of time depends on the severity of the offense:
- Misdemeanors: Generally, one year from the date of the offense.
- Felonies: Usually, three years or more, depending on the crime.
- Serious crimes like murder or certain sex offenses have no time limit for prosecution.
Statute of Limitations for Misdemeanor Charges
Misdemeanors are less serious offenses in California, but they still come with penalties like jail time and fines. Under state law, most misdemeanor charges must be filed within one year of the date the crime allegedly occurred.
Examples of misdemeanor offenses:
- DUI without injury
- Petty theft (stealing property worth less than $950)
- Simple assault or battery
- Vandalism
If a prosecutor fails to file charges within this time frame, California will not let the case legally proceed.
Statute of Limitations for Felony Charges in California Crimes
Felonies are more serious crimes that carry harsher penalties, including years in prison. Because of their severity, the statute of limitations is longer:
- Most felonies: The DA has three years to file charges.
- Serious felonies (e.g., grand theft, certain fraud crimes): Six years or more.
- Crimes with no statute of limitations:
- Murder and attempted murder
- Some sex offenses involving minors
- Embezzlement of public funds
If authorities file felony charges after the deadline, your defense attorney can file a motion to dismiss the case.
For a free legal consultation, call (310) 896-2723
Some Exceptions Can Extend the DA’s Filing Deadline
While the statute of limitations usually starts when the crime occurs, some situations can extend or pause the time limit, including the following:
- Delayed discovery rule: If the crime wasn’t discovered right away, the statute of limitations might start from the date it was found, not the date it happened. This often applies in fraud cases.
- Fugitive status: If the accused leaves California, the statute of limitations may be paused until they return.
- Crimes against minors: Certain crimes involving children allow charges to be filed years later, even after the victim becomes an adult.
Can the DA File Charges After the Statute of Limitations Expires?
Many people assume that once the statute of limitations has passed, they are safe from prosecution. However, charges can still be filed in some situations:
- Tolling of the statute: If you left California or were in hiding, the time limit may have been paused.
- New evidence: In some cases, DNA or other evidence found later could lead to a case moving forward.
- Misinterpretation of the deadline: Prosecutors may argue that the time limit started later than you think.
If you are being investigated for a crime you believe is past the statute of limitations, we can review your case and fight for dismissal if the DA files the charges late.
What Happens if the Prosecutor Files the Criminal Charges Late?
If the criminal statute of limitations in California expires, the case must be dismissed unless an exception applies. However, some people don’t realize they have this defense and may still face charges if they don’t have proper legal representation.
Our criminal defense attorneys will investigate the timeline of your case and argue for dismissal if authorities file the charges against you too late.
Complete a Free Case Evaluation form now
How Our Lawyers Can Help if You Are Under Investigation
If you suspect the DA may be considering charges, getting legal help before charges become official can make a huge difference. Our criminal defense attorneys can:
- Prevent charges from being filed by presenting evidence to the prosecutor.
- Negotiate for lesser charges if the case is weak.
- Ensure your rights are protected if law enforcement tries to question you.
- Argue for dismissal if criminal charges are filed past the legal deadline.
Even if you haven’t been placed under arrest yet, speaking with our legal team early in the process can protect your future.
What Should You Do if You Think Charges Are Pending in California?
If you believe the DA is considering filing charges against you, don’t wait for them to decide. Taking early action can help protect your future.
- Contact our criminal defense lawyer immediately: You should get legal representation as soon as you can. A defense attorney from our firm will aim to handle negotiations with the prosecutor before they file charges.
- Avoid speaking to police without legal advice: Anything you say could be used against you later. It’s best to speak with a lawyer first or have them speak to law enforcement on your behalf.
- Gather evidence and witnesses: If you have proof that could help your defense, we can begin building your case early.
Talk to Our Criminal Defense Lawyers About Your Case
If you’re worried about how long the DA has to file charges in California, don’t wait to seek legal help. A criminal defense attorney from Simmrin Law Group will review your case, explain your rights, and fight for the best possible outcome.
With decades of experience, we have helped countless Californians navigate the legal system and defend against criminal charges. Let us put our knowledge and dedication to work for you. Call today for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form