Statute of Limitations

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TheJAEffect
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Sun Dec 09, 2018 3:09 am

Statute of Limitations for California: (revised 4-3-19)

Civil Cases: **7 Days to File, 5 Days for Review, 7 Days to Notify**
- All cases must be filed no later than 7 days from the date of the incident.
- Cases can take 3-5 business days to review, cases not reviewed after 5 days are to be considered dismissed.
- If accepted by a judge, defendants must be notified of the case within 7 days of the acceptance.
- Should a case be dismissed due to inactivity or lack of response after 5 days, plaintiffs are permitted to make a motion to the court via the Chief Judge to pay fees for a violation of the statute of limitations.
- Civil cases can be filed in relation to criminal cases. I.e.: An officer wrongfully charges someone, the charges are fought in court and the charges are overturned with the defendant found innocent. The defendant can name the officer, department, and state in a civil suit in regards to the incident for additional damages. Both the criminal suit and civil suit MUST BE FILED at the same time. The civil suit will be placed on hold until after the criminal trial has finished.


Criminal Cases: **7 Days to File, 30 Days for a Pre-Trial Hearing**
Criminal cases can be carried out in two ways:
1) A bench trial:
A bench trial should happen directly after arrest. Officer's should book a suspect in the holding cells and meet with a representative from the District Attorney's office to get a summary of charges. After which the suspect should be transferred to the Courthouse for trial in front of a judge. A public defender should also be present, unless the suspect has waived his/her right.

2) A delayed trial:
A delayed trial is possible if the suspect wants to face a judge for the accused crimes, but one isn't available at the time in which charges are to be filed.
- A suspect can be released on bail after paying the bond. Bond totals are to be the total amount of the fines in place. A warrant should be placed on the suspects files with an expiration date of 7 days from the current date, noting that the suspect if released on bail.
- After the charges have been read and the suspect requests a trial, they will have 7 days to find a lawyer and file for a case. Should no lawyer voluntarily accept the case, a public defender can be assigned to represent the suspect. If the suspect cannot find a lawyer in a timely manner, they should contact the court.
- A Criminal Trial Request MUST be filed within 7 days of the incident, unless an extension is granted due to extraordinary circumstances. Should a case not be files
- After suit has been filed, case review can take 3-5 business days. A pre-trial hearing or a request for extension should happen no more than 30 days from the date of the original incident.
-If a case is not filed within the timeframe above by a laywer, or an extension requested, the suspect will have a warrant placed for their arrest for the original charges(time + fine) with an additional misdemeanor charge of Failure to Appear.
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