Q: Can I file a Motion to Dismiss based on the statute of limitations if my case was dismissed without prejudice?
Details:
The alleged incident (misdemeanor: violation of a court custody visitation schedule order) occurred in March 2023.
The case was filed in court in September 2023, pausing the statute of limitations.
In December 2024, the case was dismissed without prejudice due to procedural violations by the police. Specifically, I was never served, notified, or made aware of the case. I only learned of it recently after a traffic stop where I was advised to address a warrant in Glendale Court.
My Questions:
Does the statute of limitations resume after dismissal without prejudice? If so, does the remaining time begin counting from the dismissal date?
In my case, since 1 year and 10 months have passed since the alleged incident, would this prevent the police from refiling due to the expiration of the statute of limitations under the 6th Amendment and related statutes? Or does the fi
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A:
In California law, when a case is dismissed without prejudice, the statute of limitations is temporarily paused (tolled) during the time the case was pending, but it resumes running from where it left off after the dismissal. This means you would add together the time that passed before the initial filing and the time after dismissal to determine if the statute has expired.
For your specific situation, looking at the timeline: The clock started in March 2023, ran until September 2023 (6 months), then paused while the case was pending, and resumed in December 2024 after dismissal. Since misdemeanors in California typically have a one-year statute of limitations, and you've used only 6 months of that time before the filing, you would still have approximately 6 months remaining from the December 2024 dismissal date before the statute expires.
While you could file a Motion to Dismiss if the case is refiled after the remaining statute of limitations expires, it appears the prosecution still has time remaining to refile your case under California law. You might want to speak with a legal professional about other potential defenses related to the lack of proper service, as this procedural issue could provide additional grounds for challenging any refiled case.
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