YOU MAY NOT HAVE TO APPEAR IN COURT!
CALL US IMMEDIATELY! AVAILABLE 24/7

Free
Consultation 760-659-2149

We're located directly across from Vista Courthouse

Map & Directions

Posts tagged "Statute of limitations"

The 'Loophole' That Really Isn't: What Happens When No Charges Have Been Filed in Time for Your Court Date?

The Constitution guarantees due process and the right to a speedy trial. As part of that guarantee, the law establishes time limits for the prosecution of most criminal offenses called "statute of limitations". Simply put, if the charges are not filed within the time limit allowed by law, you cannot be prosecuted. Yet the "wheels of justice" sometimes move slowly- so what happens when no actual criminal charges have been filed against you by the time your court date arrives?

Misdemeanor DUI Charges in Vista must be filed within 1 Year

Misdemeanor DUI charges must be filed by the prosecutor within 1 year of the arrest in Vista Courts as well as all Courts in California.  This is the statute of limitations which prevents misdemeanors from being filed after 1 year. After you are arrested, you are given a Court date when released from Jail.  This date is usually within 30 days, but if the case is not filed by your Court date, it can still be filed and you notified within the year deadline.   These cases are handled in Vista if they if they occurred in North San Diego County, and are a misdemeanor "Driving under the Influence" if no one else was injured, there is no felony DUI prior within 10 years and this latest case is not a fourth offense within 10 years.