Demurrer to Criminal Complaints in California
In California, the majority of criminal cases are initiated by a prosecutorial office’s filing of a criminal Complaint. The Complaint will identify the Defendant, allege what crime(s) the Defendant committed, and state the date of the violations. If the Complaint is flawed in some respect, the Defendant may demur to the Complaint, arguing that it should be dismissed or amended. There are several grounds for the Defendant to demur to the Complaint, for example, the statute of limitations applicable to the criminal conduct lapsed, rendering the prosecution legally incapable of proceeding with the case. The bases for Demurrer are exclusively found in Penal Code § 1004. However, it is important to keep in mind that the Defendant can only demur to the Complaint prior to entering a plea to the allegations of the Complaint, ie., telling the Court that he or she is “Not Guilty”. Thus, it is extremely important that counsel for the accused thoroughly review the criminal Complaint prior to the arraignment date to see if a Demurrer may lie. Mistakenly entering a "Not Guilty" plea where a Demurrer would be sustained is a major mistake that could seriously injure the client.
If you are unsure whether you need to demur in your criminal case, contact our office at 213-668-7569 to discuss.








