Just wondering

[Little help]

What is the name of your state? I live in CA. If you assault someone and they call the police but don’t arrest you, can they decide to have you arrested later? Is there a statute of limitations?

[CdwJava]

Originally Posted by Little help

If you assault someone and they call the police but don’t arrest you, can they decide to have you arrested later? Is there a statute of limitations?

If a report is forwarded to the District Attorney, the District Attorney can request an arrest warrant through the courts. You can be arrested on that warrant.

If the battery was a misdemeanor and it did not occur in the officers' presence, then they would have to have a signed "citizen's arrest". Lacking the citizen's arrest, the police could only make an arrest in very specific circumstances (generally involving domestic violence or court order violations).

The SOL for misdemanor battery is generally one year.

- Carl