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  1. #1

    Default Vandalism in California

    My question involves criminal law for the state of: California

    Hello. I was arrested Dec 2007, for vandalism(driving through some soccer fields), I showed up to court on date that the citation told me to and I was told that the D.A had not filed and to keep checking. Well I checked for a while and nothing ever came of it and I forgot about it. Now just recently I applied for a job and the livescan flagged that as an open case. I have no open warrants so I know they have not been looking for me. I spoke with the D.A and she said somehow the case was lost between the police department and the D.A's office. She said she would put me on the calender to have this resolved. So I have two questions. First, what is the statute of limitations for this? I have read that even if it was a felony vandalism it is only three years from the arrest date and that means I'm safe. Second, if she puts me on the calendar and I have to show up to court does that mean she is going to try and charge me after all this time? Or is it just a formality to have it dismissed? Thank you in advance for any responses

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Vandalism in California

    The standard SOL would be 1 year if this were a misdemeanor, and 3 years if a felony.

    If the DA is going to bring it to a court it would likely be to simply have it dismissed due to lack of prosecution and the expiration of the SOL. Though, I would think the DA could simply just not pursue it if it has never been presented to the court.

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