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How long does the DA have to press charges

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auto1969

Junior Member
What is the name of your state (only U.S. law)? Colorado - How long does the D.A. have to bring charges against someone after an initial arrest for additional charges? Friend was arrested for failure to comply warrant, that same night had borrowed a mutual friends car and the clutch went out. Parents of car owner want to file theft charges. How long do they have?
 


JETX

Senior Member
How long does the D.A. have to bring charges against someone after an initial arrest for additional charges? Friend was arrested for failure to comply warrant, that same night had borrowed a mutual friends car and the clutch went out. Parents of car owner want to file theft charges. How long do they have?
Depends on the EXACT crime being pursued.
 

JETX

Senior Member
Still depends on the EXACT charges, but in GENERAL.....

CRS 16-5-401. Limitation for commencing criminal proceedings
(1) (a) Except as otherwise provided by statute applicable to specific offenses or circumstances, no person shall be prosecuted, tried, or punished for any offense unless the indictment, information, or complaint is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant within the period of time after the commission of the offense as specified below:
Other felonies - Three years
Misdemeanors (including DUI, DWAI, DEAC) - Eighteen months
Petty offenses - Six months

(2) The time limitations imposed by this section shall be tolled if the adult offender or juvenile is absent from the state of Colorado, and the duration of such absence, not to exceed five years, shall be excluded from the computation of the time within which any complaint, information, indictment, or petition in delinquency must otherwise be filed or returned.

(3) The period within which a prosecution must be commenced does not include any period in which a prosecution is pending against the adult defendant or juvenile for the same conduct, even if the indictment, information, complaint, or petition in delinquency which commences the prosecution is quashed or the proceedings thereon are set aside or are reversed on appeal.

(4) When an offense or delinquent act is based on a series of acts performed at different times, the period of limitation prescribed by this code starts at the time when the last act in the series of acts is committed.
 

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