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.

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

Santa Ana, CA -

Attorney Answers (7)

Richard Franklin Taub

Richard Franklin Taub

DUI / DWI Attorney - Sherman Oaks, CA
Answered

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.

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Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

DUI / DWI Attorney - Los Angeles, CA
Answered

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... more
Michael Jon Fremont

Michael Jon Fremont

DUI / DWI Attorney - San Diego, CA
Answered

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
>

Matthew Murillo

Matthew Murillo

DUI / DWI Attorney - Redlands, CA
Answered

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.

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Moises Aguilar

Moises Aguilar

Criminal Defense Attorney - Santa Ana, CA
Answered

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... more
Mark Lawrence Deniz

Mark Lawrence Deniz

DUI / DWI Attorney - San Diego, CA
Answered

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.

Michael James Kennedy

Michael James Kennedy

DUI / DWI Attorney - Indio, CA
Answered

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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