QUESTION
Is reopening the case past the statute of limitations if the accident was 20 months ago?
Asked on Nov 09th, 2014 on DUI/DWI - California
More details to this question:
My husband was in a single vehicle accident 20 months ago. He was arrested for driving on prescription medications and released 2 days later being told by jailer that the case had been dropped. He never saw a judge. The jailer also said that the courts had 6 months that they could reopen the case. A few days ago my husband received a notice of a warrant in the mail.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. With that being said, if the case was filed as a misdemeanor, there is a one year statute of limitation. However, if the case was filed as a felony, the statute of limitation is 3 years. I strongly suggest that your husband contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his situation. (S)he would then be in a better position to analyze his case and advise him of his options.
Answered on Nov 12th, 2014 at 1:41 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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In California they have one year to file the case or three if they filed as a felony because someone was injured.
Answered on Nov 11th, 2014 at 12:14 PM