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How long does the DA have to file charges?

San Bernardino, CA |

I was arrested on 2/28 for a DUI. It's been almost a month and I'm not in the Superior Court data base at all. How long does it take or does the District Attorney have to file charges before it's just dropped? And is there a way for me to find out if they decided NOT to press charges??

Attorney Answers 1


I am going to assume that this is a first offense without an accident an injury. If that is the case it would be treated as a misdemeanor offense. As a misdemeanor the DA has one year to file charges against you. You should have received an arraignment date from the police officer that arrested you. I would follow up with the court and the DA’s office to see if charges were filed before that date. Understand that you signed a document saying that you will return to court on that date, so I would not miss it. If the DA fails to file charges before your arraignment date then you will most likely receive an arraignment letter in the mail informing you of the new arraignment date.

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