Get CA CR-102 2011

If its a felony charge, the state has 175 days to file charges (technically, they have 175 to file the official charging document known as an Information ). If the charges are a misdemeanor, the state has 90 days to file.

State to file simply means that the Office of the State Attorney has not made a filing decision as to what charges will be filed or if charges will be filed. Once the State files formal charges by what is called an "Information," which is the document outlining the formal charges.

Prosecutors generally file criminal charges within 3 days, although in some jurisdictions in as few as 2 days. Because prosecutors must file so quickly, the crime you're charged with initially may change significantly over time.

Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). The police complete an arrest report soon after they make an arrest and then quickly forward the report to a prosecutor assigned to do case intake.

Technically, legally, as far as criminal procedure is concerned,it is the prosecuting attorney who is pressing charges. Similarly, when a victim does not want to participate in a prosecution, they may say they don't want to press charges. ... The decision whether or not to "press charges" belongs to the prosecution alone.

Police and prosecutors do not arrest and charge someone solely because another person claims that a crime occurred and wants the offender prosecuted. Unless the police observe the crime, they will need to gather evidence and other information to recommend that the prosecutor charge the person with a crime.

Technically, yes, this is the answer most criminal defense lawyers | attorneys will give you; however, in practice, we see lower level crimes being filed within 2-6 weeks with a few going at as far as 3 months and even out to 12 months plus, in a couple of unique circumstances (sometimes prosecuting attorney offices ...

A Criminal Defense Lawyer | Attorney's Perspective. ... People avoid arrest, speak with an officer and are not arrested, or are arrested and taken to jail but then released after 72 hours because no criminal charges were filed. Many hope that no charges filed means they might be off the hook.

Typically, petty offenses like traffic accidents, vandalism, or minor theft have a one-year statue, meaning a bystander has a time limit of one year to file a police report for the crime. As for misdemeanor crimes, there is generally a two-year statute, while felones have a five-year statute.

They have at least 3 years in a felony case. The actual statute of limitations depends on the specific charge, however. It may be longer than 3 years.

defence requested continuation w/wrst: "With / Waiver of Right to Speedy Trial"

After a person is arrested and or charged with some particular illegal activity, a pretrial hearing is often scheduled. A pretrial hearing is a session with the judge that occurs before trial. ... The pretrial hearing is an accused person's last court appearance for a criminal charge before the case goes to trial.

After the preliminary hearing and before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge and make pre-trial motions -- arguments that certain evidence should be kept out of the trial, that certain persons must or cannot testify, or that the case should be ...

A typical prelim may take from a half hour to two hours, and some prelims only last a few minutes. Preliminary hearings are conducted in front of a judge alone, without a jury. Trials can also be conducted by judges alone, when the defendant waives the right to a jury, but prelims never involve a jury.

Pretrial Motion to Dismiss: Ending a Criminal Case. Some criminal cases end before they really get going. In most criminal cases, the defendant either makes a plea agreement with the prosecution or goes to trial. Sometimes though, a defense lawyer can get the charges tossed before trial with a motion to dismiss.