QUESTION
Is there a statue of limitations on being charged with a suspected DUI and haven't had to appear in court and it is almost 1 year?
Asked on Oct 18th, 2012 on DUI/DWI - California
More details to this question:
Dec. 17, 2011 I was involved in a car accident & I was arrested with a DUI. My attorney has appeared a couple of times; but I haven't had to accompany him. It has been 10 months today and I have not appeared in front of a judge. Is there a statue of limitations where this is concerned? Thank you in advance.
11 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
If you attorney is still involved with the case, it sounds like charges were actually filed. I would suggest simply contacting the clerks office for the court and giving them your last name and asking if any case has been filed against you. Not sure what else I can tell you.
Answered on Oct 24th, 2012 at 3:45 PM
Steven D. Dunnings
If you haven't heard anything, don't worry about it. You might want to call the District Court where it occurred to make certain there is no warrant, if you moved since the incident.
Answered on Oct 22nd, 2012 at 11:29 PM
Michael J. Breczinski
Not if the court case has started. The statute of limitations only applies if they know or should know of a crime and who did it and no one prosecutes the matter. You are beyond that point.
Answered on Oct 22nd, 2012 at 11:06 PM
Gary Moore
One year is the time limitation.
Answered on Oct 19th, 2012 at 9:00 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
The Statute of Limitation only applies to uncharged crimes. The state has a limited amount of time in which to file criminal charges once a crime has been committed. Once the charges are filed, the Statute of Limitation no longer applies. However, you have a right to a speedy trial, usually 30 to 45 days from the time of your arraignment, unless you or your attorney waived your right. You should contact your attorney and ask him/her why your case has not been resolved.
Answered on Oct 19th, 2012 at 8:59 PM
Michael Paul Vollandt
DA has one year from date of occurrence to file the charges. After than the statute of limitations applies.
Answered on Oct 19th, 2012 at 6:23 PM
Dennis P. Mikko
If the criminal complaint has been filed in court, that would suspend any statute of limitations. You need to speak with your attorney and determine what is needed to resolve this matter.
Answered on Oct 19th, 2012 at 5:24 PM
You're mistaken. A statute of limitations deals with timely prosecution. They already began prosecuting you 10 months ago, so there is not "statute of limitations" issue whatsoever.
Answered on Oct 19th, 2012 at 5:13 PM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
Update Your Profile
6 years is the general SOL.
Answered on Oct 19th, 2012 at 3:58 PM
If it is filed as a felony than it is 3 years.
Answered on Oct 19th, 2012 at 3:56 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
A) these questions should be directed to the attorney you hired. B) the statute of limitations has to do with how long they have to file a case, not how long a case can drag on.
Answered on Oct 19th, 2012 at 3:56 PM