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Had a DUI, Appeared in court but DA didn't filled charges been almost a year, what should i do? leave it like that....

Santa Ana, CA |

As I mention I went to court but the DA didn't filled charges been almost a year and I haven't received anything in the mail . I'm confused don't know what to do ? should I just leave alone or inquire about it ?

Attorney Answers 5

Posted

If this happened in Orange County, I would go online and check to see if there is anything under your name date of birth and drivers license number. You may have a warrant for your arrest and not even know about it.

Click the link below which should lead you to the OC Courts

Elliot Zarabi
www.TipsyLaw.com
213-612-7720

Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.

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Posted

I suggest you obtain a DUI lawyere and have it looked in to. Good luck.

Any response given is not to be taken as legal advice or to create an attorney client relationship.

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Posted

Talk with a DUI Attorney who works in the county where you were arrested. Most DUI lawyers will give you a free consultation and look into the status of your case. It is never a good idea to contact the DA's office yourself, and the attorney will most likely check with the court clerk first.

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Posted

What you should do depends on what has happened already.

Did you request a DMV hearing when the arrest initially happened? If so, and you lost. Its probably best to contact the DA immedaitely, get a DS-702 form completed by them, and submit it to DMV before the year is up in order to get the suspension removed from your DMV record.

If you didnt request a DMV hearing, then just leave the DA alone until the year is up. Usually, when things like this happen it is because the case was rejected for some reason. Every now and then (very rarely), this happens simply because a case may get overlooked and it falls through the cracks. Once the year is up you can petition for seal/destruction of the record of arrest.

Best thing to do would be to speak with an attorney about the arrest itself, and what has happened since. Then you can get accurate info as to what would be the best way to go about the remainder of the process.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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Posted

You should contact the Court. The DA's Office in Orange County is very backed up. In fact, they are sometimes 3-4 months behind in filing cases. The DA has 1 year to bring charges on a misdemeanor. You could also hire an attorney to find out.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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