Does the applicable statute of limitations apply to an information that was brought before the appropriate date?

California, United States of America


The following excerpt is from People v. Arias, H043447 (Cal. App. 2017):

Ordinarily, " 'the applicable statute of limitations . . . is . . . the primary guarantee against bringing overly stale criminal charges.' " (United States v. Marion (1971) 404 U.S. 307, 322 (Marion); see People v. Jones (2013) 57 Cal.4th 899, 921.) But due process might provide a basis for dismissing an information if a defendant showed that prosecutorial delay before the filing of the charging document prejudiced the defense or the right to a fair trial. (See Marion, supra, at pp. 325-326.)

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