What is the statue of limitations on PC 459 in California? 9 Answers as of January 24, 2011

What is the statue of limitations on someone who has been charged, but not yet convicted, of PC 459 in the state of California?

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The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
It appears the prosecutor has filed within the statute of limitations but the defendant was most likely in a warrant status for some time. There are procedural motions your attorney can run to get the case dismissed depending upon the facts.
Answer Applies to: California
Replied: 1/24/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
If he has been charged but not yet convicted there is no statute of limitations as once charged that is the end of it. See California Penal Code 804. His only argument would be a violation of his constitutional right to a speedy trial. He needs a lawyer for this one.
Answer Applies to: California
Replied: 1/24/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
If the individual has been charged within the statue of limitations, then there is no statute of limitations issue. You might be thinking there is a "speedy trial" issue. Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/24/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you were arrested and charged/released on bail or OR, then skipped, earning yourself a warrant: warrants are forever. If you have not yet been arraigned in court, the court has from one to several years to do so, depending upon the charges. If you have been arraigned, then unless you waive time, they must bring you to trial in a very short time. If none of this makes sense to you, hire an attorney or at least consult. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Typically, after one year has passed, prejudice is presumed, and if charges are then filed a skilled attorney can often get it dismissed via a Serna motion.
Answer Applies to: California
Replied: 1/24/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The statute of limitations has to do with how long the prosecution has to file charges against an individual. On most felonies, such as burglary, it's three years from the date of offense.

    If you're asking how long the case can go on before a resolution... that's another question, but doesn't deal with the statute of limitations. The answer to that is: As long as it takes. Sometimes, the defense is not ready to go forward for various reasons. Sometimes, it's tactically advantageous to continue a case a few times... Every case is unique, so what the delay is in your case, I can't say.
    Answer Applies to: California
    Replied: 1/24/2011
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    I think that you may be confused about the applicability of the statute of limitations. In CA the statute of limitations on most felonies is 3 years; however, that statute tolls or stops running once you are charged. So if you have been charged, and have received notice that you have been charged, then I am not sure why you would be inquiring about the statute of limitations. It may be beneficial for you to schedule a free consultation with my office so that we can talk about your concerns in person.
    Answer Applies to: California
    Replied: 1/24/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Burglary in the first degree is punishable by imprisonment in state prison for two, four, or six years. Burglary in the second degree is punishable by imprisonment in county jail not exceeding one year or in state prison.
    Answer Applies to: California
    Replied: 1/24/2011
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