What is the CA statute of limitations for a drug crime?

What is the statute of limitations on misdemeanor drug crimes in the state of California?
Share |
Answered By: Law Offices of James C. Bechler, A.P.C.
As a general rule, crimes punishable by imprisonment in the state prison for eight years or more have a Statute of Limitations of 6 years after commission of the offense. (PC 800) Where the crime is punishable by imprisonment, the Statute of Limitations is 3 years (P.C. 801). Misdemeanors generally have a 1 year Statute of Limitations. There are significant variations and exceptions in California criminal Statutes of Limitation. For example, if a defendant commits a wobbler (a crime that can be charged as either a felony or misdemeanor) the Statute of Limitations will depend on how the DA decides to charge it.

Answer Applies to: California
Replied: 9/6/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg
The statue of limitations for a misdemeanor in California is one year. However, you need to know if the DA has done what he needs to stop the statue from running. Contact me with the facts of the case and information so that I can check for you.

Answer Applies to: California
Replied: 9/4/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless
If by statute you mean how long after the crime do the police and prosecutor have to bring charges, then it can be up to 3 years, depending upon the specific misdemeanor charges. Once a warrant is issued, that is good forever until you are caught.

Answer Applies to: California
Replied: 9/3/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Criminal Defense


Talk to an Attorney

Input your zip code in the box below to find an attorney in your area today for a case review.

Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask a Local Attorney

Free Legal Questions & Answers