45+ Years Criminal Defense
Experience in California
The answer is unfortunately they probably can. The law in California allows the prosecutor to file felony criminal charges a maximum of two times so long as you have not been found not guilty by a jury. What this means is so long as the District Attorney refiles the charges within the statute of limitations period (which is three years for a felony burglary charge) then you will have to defend against the charges. However, if the prosecutor delayed a substantial period of time in doing so your criminal defense attorney may be able to bring a motion to dismiss on the grounds that the delay in filing was prejudicial to you.
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