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About a year ago I got a misdemeanor dui. I have went to my court date and the DA hasn't filed the case yet. every month I have checked up upon the case but it still is "pending". I have read that the statue of limitations is a year. What should I...
If a year has passed since your arrest and no charges were filed, the DA is barred from filing the case. if it is in fact a misdemeanor.
However, if you missed a court date, knowingly or unknowingly, the Statute of Limitations is tolled, and you may still be facing a DUI charge.
You can check with the District Attorney's office to see if they filed. If they rejected the case, most offices will give you a written decline notice. To be on the safe side, I would consult with an attorney near you who can check out the situation for you and respond appropriately.
When you say you checked on the case, what did you actually do? The criminal division of the court can tell you if there is or was a court date. Good luck.See question
in a sacramento, ca criminal case could a defendant who bailed out immediately after arrest find himself or herself without even being arraigned a full 5 months later due to their attorney being involved in a high profile case taking up his time? ...
Once you have bailed out, that takes the pressure of the District Attorney's office. They typically have a year to file charges that are misdemeanors, and three years or longer to file felony charges (sometimes no SOL at all).
If you have an attorney already, address your questions to him directly.
On the facts you list, there are no grounds for dismissal. And if you have lost trust in your attorney, find another one. Good luck.See question
I was made to write a confession and sign a promissory note. They let me walk out but want me to return in a few days pending investigations. My question is what now will I be arrested when I walk in
Remember that you do not have to answer any questions if you are questioned by law enforcement, and no one can force you to sign anything, either, although if you refuse to sign an agreement to appear in court without admitting guilt, that can lead to an arrest.
Assert your right to counsel and go talk to a defense attorney about the specifics of your situation. Good luck.See question
pulled over gor swerving in front of officer he did his subriety test. said i hafd pulse 140 and he stated i fell asleep doing 30 second test which i did not i was counting. did nit ask for hearing yet at dmv is it too late to request hearing i wa...
You absolutely should get an attorney to help you with any criminal matter.
DUI cases, whether based on drugs or alcohol [or mistakes of law enforcement], can carry serious and long-lasting consequences. Therefore, consulting with an experienced attorney will improve your chances of being able to fight your case or get the best outcome if settlement makes more sense. There are plenty of good attorneys who will give you a free consultation, and if you can't afford an attorney, ask for the court to appoint one to defend you. Good luck,
Unless you have knowledge of probable cause, drug toxicology, field sobriety tests, and drug recognition evaluation and how to use that information to your best advantage, you will be overmatched.See question
I have been on informal probation for over a year in a half after getting a DUI in May 2015. I have completed the classes, paid the fines, and community service hours. I am trying to get a financial license. And now I am trying to obtain a financi...
Stanislaus County judges, like many across the state, arefairly conservative with regard to early termination of probation, especially on DUI charges.
You can petition the court to terminate your informal probation early, but if you get it granted it will likely be over the objection of the District Attorney. The DA will argue that you accepted the terms when you resolved your case. Also, the law favors probation of 3-5 years for DUI cases: but there is a workaround if terminating probation is "in the interests of justice".
If you hire an attorney for this process, it takes several weeks or longer to have the petition heard. Your petition will need a declaration stating the specific hardship caused by your inability to get a financial license. Provide the attorney you hire with proof that you completed your first offender class, that you currently have a valid CDL, and that all court fines have been paid in full or you will have no shot. The DA will oppose it.
In the end, there is no harm in trying! Be advised that even if the 1203 petition is granted, the conviction can still be used against you if you get another DUI, and it will remain on your DMV record. Good luck,See question
My dui was in 2003 in my car, but I have a cdl. First they told me 13 yrs. Now there telling me 55 yrs.
DUI convictions stay on your record with the DMV forever. But in criminal court, they can only directly be used to enhance sentences for 10 years, from the date of one incident to the next.
If you are concerned about your record, you can file a 1203 petition with the court. If the judge grants a dismissal after conviction, you won't have to disclose the conviction except to licensing agencies, political office or for a job with the lottery.See question
I received my second DUI this weekend. I don't know what my BAC was, but I was blackout drunk and don't remember getting in the car, getting arrested, etc. Therefore, my BAC was high. I also had an open container and was on probation for my first ...
My colleagues have answered correctly about the norms for Sacramento County second DUIs.
Of concern to me is that you have placed yourself at risk and others at risk by drinking to the point of blacking out. You should take a break from drinking, as it isn't helpful to your stated goal of keeping your job, and you haven't managed it well to this point.
You should still consult with a local attorney as frankly the advice that comes with experience can go a long way to showing you the possible paths before you. There may still be legal defenses that can help you,
You also may not know that a repeat performance of this could lead to many months of jail in nearby Placer County, unless you hurt someone in which case you've got much larger problems. You should consult immediately with one or more local DUI attorneys, as the DA will squeeze you for expensive bail if you are still on probation for your first DUI (and it sounds like you were). Good luck.See question
I am required go complete a work program with Sac. Sherrifs dept by 11/03/2016 . I am to do 24 hrs of work project. But the business that i was assigned to tells me they can not give me the 24 hrs in 3 days. Can i postpone ?
You can always hire an attorney to ask the sentencing judge in Department 3 or 4 to change your jail turn-in date and request an extension. It normally takes two court days to get this kind of motion before the court.
These kinds of modifications are discretionary, meaning that the judge will usually grant them if it is a first-time request and the reason for the request is reasonable. but he or she does not automatically do so.See question
I have been convicted of three misdemeanor DUIs in California as follows: 2003 (Merced County), 2006 (Merced County) and 2012 (Sacramento County). The 2003 DUI was initially charged as a felony but it was dropped and I was charged with misdemean...
This area of law is surprisingly complicated.
Adult assault and battery convictions, even for a misdemeanor, cause a 10-year firearm ban.
Juvenile adjudications are different than adult convictions. I would want to see the probation terms before I could advise you.
Straight misdemeanor DUIs do not trigger firearm ineligibility. I would be curious to see whether the DUI originally charged as a felony was actually pled as a felony and later reduced, or was dropped to a misdemeanor BEFORE adjudication. If it was the former, you may be ineligible to own or possess firearms or ammunition for life without a governor's pardon. I agree with my colleague that you should have a PFE done, or get Livescanned and bring your printout to an attorney.See question
What could be achieved for the convicted by delaying sentencing? It's already been a year.
I can think of many scenarios why delays might occur. The attorney may have filed a Romero motion or requested time to prepare one to "strike the strikes" to better position the person at sentencing.
Or, there may be issues worthy of appeal in the record. If the convictions came after trial, getting a transcript, reviewing it, and researching appellate issues can take time. There could be other cases, or there may be a plea bargain in the works in exchange for testimony in another matter. Too many possibilities to know,
In the end, there is no reason to rush down the gang plank in such a serious situation.See question