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Why would DA not list charges on summons ..... Bac below DUI per se limit

San Lorenzo, CA |

Recieved summons in mail today it said I was being charged by the DA in the above matter, and then they didn't even list any charges , just a date to appear in court.... Why wouldn't they include the charges on the summons???

Attorney Answers 5

  1. It's pretty standard. Simple answer is, they don't have to. They just have to notify you of the date. It could also be that they know they are filing something against, and just aren't sure of all charges they will file

    Any information provided through 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. Many times they don't. You may have a citation stating the charges. An attorney may be able to assist you in this area. Many reputable attorneys offer a free consultation. You should contact at least one in your area soon.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

  3. Hire a DUI attorney. Just because you tested below the .08 threshold doesnt mean the DA wont prosecute for 23152(a) - DUI NOT necessarily .08 or higher. Also some DA's are trying to use junk science to make it appear you were above a .08 even when you tested below.

    I know it sounds counter intuitive, but you need a lawyer. If you cannot afford one, ask for the public defender when you go to court.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

  4. The summons is just a noice that charges have been filed. It is NOT the official complaint. You or an attorney needs to appear on the date set for arraignment. That starts the court process.

  5. You don't get the charges or offer in the summons. When you appear in court on the date written in the summons, there you will be read the charges and everything.

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