Have been checking with court on a weekly basis to check for warrants for a DUI, finally received information in the mail that I left jail without (ticket, bloodwork results, etc). My question is how long do they have to file charges against you? I received this information about a week ago and no charges are listed at the court still.
There is a 6 year statute of limitations. Of the case is going to be prosecuted under city ordinance, the delay is often several months. If the case is being prosecuted by a county prosecutor, the process generally goes more quickly. I'm not sure if your blood work is going to show illegal drugs, alcohol or prescription medication (or maybe a mix of those substances). If your case is a prescription medication case, you may be able to avoid charges. An experienced criminal defense lawyer would know what to do on your case on a "precharge" basis to try and show the prosecutor or city attorney why you should not be charged. If the OWI allegation is based on alcohol or illegal drugs, you may be looking at a charge but you should insist that your lawyer look for every possible way to try and either beat the case or get rid of all or some of the evidence on suppression motions (if appropriate). If you can weaken the prosecutor's case enough, your lawyer may be able to arrange for a very favorable plea bargain. I encourage you to use www.avvo.com to find a 10.0 rated criminal defense lawyer and ask for a free telephone consultation. Best of luck to you and don't be afraid to win! - Loren M. Dickstein
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