There are time limits on the investigation for certain offences which are dictated by the classification of the offence. Effectively, this means the police must charge (or lay an information before a Magistrates’ Clerk) within six months of the date of the offence (section 127(1) Magistrates’ Courts Act 1980).

If you willfully fail to appear at a required court date, you can be charged with “Failure to Appear” (CA Penal Code 1320 & 1320.5). The judge will issue a bench warrant, and police will show up at your house to arrest you and bring you to court. Failure to Appear can be a misdemeanor or felony.

175 days

The answer is “NOTHING”. Charges often filed after the Court date you were given when cited or arrested. Charges can often be filed later, even if they haven’t been filed in time for your court date, as long as they are filed within the statute of limitations for the offense.

To make matters worse, the investigation process has no maximum time limit, meaning you could be kept waiting for weeks, months or years before you discover the outcome. Having the threat of prosecution hanging over your head can be very unnerving, and may even damage your ability to earn an income.

Signs of Being Under Investigation

1. The police call you or come to your home.
2. The police contact your relatives, friends, romantic partners, or co-workers.
3. You notice police vehicles or unmarked cars near your home or business.
4. You receive friend or connection requests on social media.

That means that you have been released from custody without charge with no obligation to return on bail for the offence; however the investigation will remain ongoing and you will be notified of the outcome of the investigation in due course.

Release under investigation (RUI) is used by the police instead of bail – but unlike pre-charge bail it has no time limits or conditions. This can leave the accused and alleged victims in limbo with no updates on their case for an unlimited time.

The CPS will, wherever possible, complete the review and communicate the decision to the victim within an overall review timeframe of 30 working days. In cases where it is not possible to provide a VRR decision within the usual timeframes, for example in more complex cases, the CPS will notify the victim accordingly.

Some straightforward investigations take just a matter of hours. If the police are investigating a complex serious fraud, for example, then it has been known to stretch to a number of years. In a murder investigation, the police will usually dedicate substantial resources which shorten the investigation period.

The police have a key role in the prosecution process: they are responsible for the detection and investigation of criminal offences. In giving advice to the police, the prosecutor must not assume the role of investigator or direct police operational procedures.

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.

It’s totally up to the discretion of the police officer whether or not they charge something. They will often times state a rule or something that says they don’t charge if something doesn’t happen. This is almost universally untrue as charging…

The person can change their mind but that doesn’t mean the prosecutor has to dismiss the charges. The local prosecutor can continue with the case and if you don’t cooperate you can be held in contempt of court and probably jailed.