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Why did the da not file charges on court date?

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Attorney answers (5)

Reputation Level 16
Usually, they would explain this on the court appearance day. They'd say either "D.A. discharge", which means they decided NOT to charge, or that they just need more time for investigation to decide. Easiest way to find out is to call the D.A.'s office, give them the case number and ask them the status. Just don't discuss the facts of the case.
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Reputation Level 19
Respectfully, there are no facts provided, and therefore no way to assess your question. Please consider re-posting with facts or consult directly with one of the exceptional CA criminal defense lawyers who list here on Avvo.com. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
1 person marked this answer as good

Avvo Pro

Reputation Level 20
The DA has up to the statute of limitations to file charges. Typically, it's a year on misdemeanors and three years on felonies.

The DA's offices are notoriously backlogged and often miss filing before the court date.

It could mean:

a) they haven't gotten the case submitted by the police yet
b) they got the case, reviewed it and decided not to file charges
c) they got the case, but haven't reviewed it yet
d) they got the case, reviewed it and sent it back to the police for clarification of some point.

Avvo Pro

Reputation Level 8
As a former deputy district attorney and former police detective, I have seen hundreds of cases over the last thirty five years that never get filed. However, if your case was not filed by the time of your first court appearance, it may simply mean that the DA's office has not processed your case as of yet. Or the possible good news would be that the district attorney "Rejected" the case for insufficient evidence. The DA will normally process the case within a month or two of arrest. However, they have a time limit, on most misdemeanors (not involving domestic violence) of one year and usually three years on most felonies, to file charges.

You should have an experienced criminal defense lawyer contact the DA's office for you to determine if the case was "rejected" or still "under review." Most importantly, if you are notified of a new court date, be sure to speak to an attorney about your case before you go to court again.
1 person marked this answer as good

Avvo Pro

Reputation Level 8
As a former deputy district attorney and former police detective, I have seen hundreds of cases over the last thirty five years that never get filed. However, if your case was not filed by the time of your first court appearance, it may simply mean that the DA's office has not processed your case as of yet. Or the possible good news would be that the district attorney "Rejected" the case for insufficient evidence. The DA will normally process the case within a month or two of arrest. However, they have a time limit, on most misdemeanors (not involving domestic violence) of one year and usually three years on most felonies, to file charges.

You should have an experienced criminal defense lawyer contact the DA's office for you to determine if the case was "rejected" or still "under review." Most importantly, if you are notified of a new court date, be sure to speak to an attorney about your case before you go to court again.
2 people marked this answer as good

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