Q: In California can I file a motion to dismiss for failure to bring to trial(statute of limitations) without being Booked?
The charge is over 20 years old.
A:
The Statute of Lim
itations is a defense to the criminal prosecution, so you must have an active criminal prosecution against you to raise it.
A:
if you were not arrested and no case was filed, then there is nothing to Dismiss under 1382.
people in your position have to go to the governor and you don't want to waste your money doing that.
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