What is the statute of limitations on a public intoxication charge in California? 10 Answers as of February 14, 2011

The cops came to my home because my mother called the cops on me. They waited on the front patio, then arrested me when I walked outside because I thought I was going anyways. They cited me for public intoxication. This was in April of 2010. I have not been contacted about it at all. How long can I be brought to court before it drops? I am 16 years old and live in California.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
When you were arrested, you indicated you were cited, meaning you received a written citation into court, with a hearing date on it. If you didnt show up on that date, you now have a warrant for your arrest. Warrants are forever.

If instead, you were somehow NOT cited and provided a court date, then the DA has at least a year to file charges and bring you to court. You would receive a letter from the DA advising you of a court date.

I suggest you check with the police agency that cited you to ask what the status of that citation number is, and with the court to see if there is a warrant. If so, feel free to contact me for the legal help you are definitely going to need.
Answer Applies to: California
Replied: 2/14/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
They have up until one year to file the case against you. If nothing is filed by May of 2011 you are in the clear.
Answer Applies to: California
Replied: 2/14/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
All criminal cases are fact driven. The answers here are general answers as to what you may expect from the information you have provided. Sometimes on the same facts, courts may come up with different results.

The D.A. has a year to file a complaint.
Answer Applies to: California
Replied: 2/14/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The scenario you provided does not qualify as 'Public Intoxication', a violation of Penal Code section 647(f). Now, you might have been legally detained, or not. An action might never have been filed, as you were never notified of a 'Detention Hearing'. Contact your local Clerk's Office (you will probably need one of your parents along) to check the status of the case. If the case has still not been filed after one year, your Attorney or Deputy Public Defender can move to have the action dismissed. It is likely that the District Attorney never filed anything, and that it was just a detoxification detention. You can check with them after you check with the Clerk's Office.
Answer Applies to: California
Replied: 2/13/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If they cited you there is usually a court date which you have to show up to. If there wasn't I would check the court (juvenile it sounds like given your age) and find out if any charges were ever filed. Otherwise the statute of limitations for this charge is 1 year (meaning it has to be filed by then).
Answer Applies to: California
Replied: 2/13/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    After 1 year has passed prejudice attaches, and the likelihood of charges being filed against you becomes increasingly small.
    Answer Applies to: California
    Replied: 2/12/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    1 year.
    Answer Applies to: California
    Replied: 2/12/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    There is something called a Serna motion which says that if they haven't charged you in one year they cannot then charge you. I believe, but am not sure, that it would be good in juvenile as well. My best guess is that if you haven't heard yet some DA has dumped it and did not bother to advise you. Time to move out from mom's house if you want to keep drinking though let me advise you against it.
    Answer Applies to: California
    Replied: 2/12/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    If you were cited you should check with the clerk. Otherwise one year.
    Answer Applies to: California
    Replied: 2/12/2011
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