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Cal. Penal Code § 804

Time of Commencing Criminal Actions

Applied in 8 court decisions — leading case 47 Cal. 4th 1104 - People v. Robinson (2010)

Most recently applied in Van Audenhove v. Perry (May 2017)

Amended by Stats. 2008, Ch. 110, Sec. 1

How often courts cite this section

20082010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs:

(a) An indictment or information is filed.

(b) A complaint is filed charging a misdemeanor or infraction.

(c) The defendant is arraigned on a complaint that charges the defendant with a felony.

(d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.