January 9, 2024 By Paul Wallin

How Long Does The DA Have To File Charges?


In California, the District Attorney (DA) has a certain amount of time to file charges against someone who is suspected of committing a crime. This time period varies depending on the severity of the crime and other factors.

If you are awaiting charges to be brought against you, you need an aggressive defense attorney on your side. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL  for your free consultation!

Misdemeanor Charges

For misdemeanor offenses, the DA generally has one year from the date of the alleged offense to file charges. This means that if you are accused of a misdemeanor, the DA must bring charges against you within one year of the date that the crime was allegedly committed. If they do not file charges within this timeframe, then the case may be dismissed.

Felony Charges

For felony offenses, which are more serious crimes, the DA has three years from the date of the alleged offense to file charges. However, there are certain exceptions to this rule. For example, if a DNA match is found in connection with the crime, then the DA may have an additional year to file charges. Additionally, cases involving child victims or certain sexual offenses may also have a longer statute of limitations.

It’s important to note that these timeframes do not apply if the suspected individual has already been identified and charged with the crime. In this case, there is no time limit for the DA to file charges and bring the case to trial. Additionally, some crimes do not fall within the 3-year statute of limitations requirement. For example, fraud has a 4-year time limit; corporal injury to a spouse has a 5-year statute of limitations; first-degree robbery has a 6-year statute of limitations; and many felony sex offenses have a 10-year statute of limitations. 

If you believe you could be charged with a crime, it is important to speak with an experienced attorney as soon as possible. Your attorney will be able to tell you the statute of limitations for the specific crime you have been accused of, and can help you prepare your defense and fight for your freedom. Our attorneys at Wallin & Klarich have over four decades of experience representing cases like yours. Call our office today for a free consultation!

How to Know if You Are Under Investigation

If you lack prior experience with police investigations, you may not be familiar with the typical indicators. Being able to promptly identify when you are under investigation can provide you with an edge, granting you more time to secure legal representation and prepare your defense. Some commonly observed signs that you are the subject of a police investigation entail:

  • Receiving contact or visits from law enforcement authorities.
  • The police reach out to your family or friends.
  • Observing police officers or unmarked vehicles surveilling or tailing you.
  • Receiving unusual requests via social media platforms.

If you believe you are being investigated by the police, it is important to hire a skilled defense attorney to help you navigate the judicial process and fight for your freedom. Our attorneys at Wallin & Klarich have the experience you need. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

Contact Wallin & Klarich Today 

If you have been accused of a crime, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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