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If your name is on calendar for arraignment for the court, does that mean a District Attorney has filed a case against you?

Brea, CA |

I was cited and released a month ago for a minor misdemeanor. I was in the park after hours and that is was I was cited for. NO drugs, NO alcohol, NO vandalism. Just hanging out. I was told by the officer that sometimes the D.A does not look at these cases, but has a one year to file it if S/He wishes to do so. I have asked a couple of lawyers and I keep getting different answers.

Attorney Answers 6


  1. Yes, if you appear on the court calendar, that means a case has been filed against you. Cases only get on calendar when they are filed by the DA and get a court case number generated.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  2. YES! Could be for loitering. Who knows. At the arraignment you will be advised. If the citation is for a minor misdemeanor, the court will advise you and attempt to have the matter resolved. You may be offered an infraction. Maybe you should go to arraignment and see what happens. If it is more serious than consider consulting with an attorney.


  3. If your name is on the calendar in my county (SF) it means the DA may have filed charges against you. It certainly means you have to go to court to find out. There are always a few no files on the arraignment calendar without case numbers. Bear in my mind that if you get a date to appear and it's a no file it can still be filed w/i the SOL.


  4. Yes your case is on calendar. There are a couple direct files in Orange County that do not go through the DA’s office but for the most part this means the DA reviewed your case and charges were filed.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  5. If your name is on calender for an arraignment that means that criminal charges have been filed against you. You want to make sure that either you or your attorney appear on that date. If not a warrant will be issued for your arrest. You may be being cited under a municipal code violation. Without discussing on a public forum why you were cited the police felt that they had a reason to issue a citation and now the prosecutor has filed a charge against you. You may wish to consult with an attorney who will represent you on this.


  6. If you are on the calendar for arraignment, then a case has been filed. An arraignment is the first court appearance once the prosecuting agency files a criminal complaint. You did not state how old you are (e.g. curfew) or if gang injunctions, for instance, was an issue, but if neither one of those is the case, then it could be either a trespass charge, violation of Penal Code section 602, or a local ordinance charge. If it's your first offense, you should be able to get it dismissed with the right advocate.

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