What is the test for determining whether the People have shown a legitimate justification for the prolonged delay in bringing criminal charges against the Defendant?
California, United States of America
The following excerpt is from People v. Hartman, 170 Cal.App.3d 572, 216 Cal.Rptr. 641 (Cal. App. 1985):
Next, in determining whether the People have shown a legitimate justification for the prolonged delay, "the particular circumstances surrounding the decision not to prosecute, the length of the delay, and the reasons for the subsequent re-evaluation and prosecution must all be considered." (Penney v. Superior Court, supra, 28 Cal.App.3d at p. 954, 105 Cal.Rptr. 162.)
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