How long until my case will not be charged?

Question: How long until my case will not be charged? I was arrested for a Drug DUI VC 23152f, and driving on a suspended license VC14601.2 in Ventura Court. Both charges are misdemeanors. It has been over a year since my arrest and I just now received a letter telling me that the charges have been filed and I have a court date coming up in about a month. My arrest happened about 379 days ago. Is there a time frame the Court has to file charges against me? Or can they file them whenever they want?

Answer: Sorry to hear about this late filing. I understand how frustrating it can be to have moved on from a bad night, only for it to come back into play after you finally feel like you moved past it.

Generally speaking, for misdemeanor charges, the prosecutor has 1 year from the date of the violation (ie. date of arrest) to file charges.  There can be exceptions to that though, and in some cases it may be possible to get the case dismissed even if they filed prior to the 1 year passing.  It is not uncommon for the Ventura Prosecutor to “late file” as is the case here, but there may be ways to use that to your advantage.

What was the date that the case was filed (as opposed to the day you received your letter)?  If you do not know, feel free to contact me. We can look into that for you and discuss this potential defense in more detail, as well as other possible defenses to your case. I can be reached at 818-336-1384.

Thanks,

Philip Hache, Attorney