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I got arrested for a DUI and went to my court date and my name wasn't on the board. They told me to got to the DA's office.

Santa Ana, CA |

The DA clerk said the charges were not filed by the law enforcement agency. What does this mean?

Attorney Answers 7


  1. If that's exactly what the DA's office said, it likely means that the Police Department never forwarded the arrest report to them for review (Law Enforcement Agencies rarely direct file a case). The police must forward the report to the DA. The DA reviews it and decides whether to pursue the case.

    The good news is, you're safe for now so I hope you requested a DMV hearing within 10 days from arrest date. Otherwise, you may have a suspended license by now. The bad news is, on a misdemeanor case, the DA has up to one year to file charges against you. So, if the police officer "remembers" to forward the report to the DA within that year, the DA could still file charges against you.

    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.


  2. It means simply that the charges have not yet been filed. It may, but does not necessarily mean that the charges will never be filed. This is a critical time for you to consider hiring counsel. At this point, counsel can investigate the issue to help prevent the charges from ever being filed, if possible.

    The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


  3. It means the DA will send you a letter in the mail with your new court date. You should also check on the court website periodically to make sure you do not miss anything. Did you get a proof of appearance?

    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.


  4. As my colleagues have pointed out, it simply means that the police department has not forwarded the reports to the DA's office for review yet. You should receive a letter from the DA's Office once charges are filed.

    Please note that it is your responsibility to follow up and stay on top of it. If you lose track of it, you may end up with a warrant before you know it. The safest approach is to hire an attorney to stay on top of it and handle the whole process. Short of that, be sure to follow-up with the DA's office on a regular basis.

    Contact one of us, provide more information in private, and we can give you more direction. Most of us offer free consultations.

    All answers posted are general in nature based on the facts presented. My answers and opinions are not offered as legal advice and you should not take it as such. Do not discuss specific facts about your case on a public forum like this one. If you’d like a free confidential consultation, I can be reached 24 hours a day at: 714-881-7145 or by email at maguilar@aguilarsonnonstine.com


  5. It means that it this time a dui case has not been filed in the future you
    may receive a notify letter if a case is filed. You still need to deal with
    the Department of Motor Vehicles you should consult with an attorney in
    your area
    >


  6. The reviewing prosecution evidence is likely gathering facts or obtaining the paperwork to review. If they decide to issue the case they will likely send a "notify letter". You still should contact DMV as well as have an attorney contact the prosecution agency to potentially pre empt the review by mitigation. It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.


  7. All of the other answers are correct, but they do not address your one question - do NOT go to the DA's office! That is never advisable. Indeed, a savvy attorneys would not contact the DA either, because sometimes the case falls through the cracks, and noise to the DA will cause it to be extracted from the cracks. Retain counsel, or just make contact with the court weekly and watch the mail.

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