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Arrested for felony dui, and hit and run.. released without bail or even an araigment.

Oceanside, CA |

arrested for felony dui, and hit and run.. spent 2 nights in jail.. then i was released without posting bail.. araignment was supposed to be on a monday.. family showed up to the court on monday.. and they were told my araigment would not be that day. it would possibly be tuesday or wednesday. then strangley, monday night i was released from jail. i never posted bail.. never had an araignment.. they never gave me any sort of paperwork about ANYTHING... was told "da not filing charges at this time, they have up to 1 year"

What should i expect? I don't exactly want to call them and encourage them to press charges...

by the way.. this was in california.. dui, hit and run with bodily injury.

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Attorney answers 7

Posted

If it's a dui with hit and run and GBI, I'll wager it will be a felony, meaning the DA has 3 years to file. From my experience as a former DA, you were probably released per 849(b) because the DA needed more time to ascertain certain things about your case, such as the severity of the damage or injuries sustained in the crash. You should expect a notice in the mail either saying that no charges will be filed against you, or that charges are filed and you have an appearance date. Either way you should contact a local attorney who specializes in this field of law, someone who can talk with the DA ahead of time to try to mitigate any charges they might file.

Asker

Posted

Apparently the other party only has some slight road rash.. but the police report is completely ridiculous, and the "witness" who by the way "did not see the accident" made up some bullcrap about my vehicle spinning out and facing wrong direction.. and this never happened at all.. never lost control, never went any direction other than forward.. So i feel like everything is lined up against my case.

Chris J Feasel

Chris J Feasel

Posted

You need to wait and see what happens. Don't post anything more here that can be seen as an admission that you were at the scene. You feel like everything is against you because it is - that's how the system works.

Asker

Posted

thx.

Posted

This is common. They have couple days to hold you without arraignment and since no charges have been files, they released you. The DA is now determining what if anything to charge you with. It could be misdemeanors or a felony and a misdemeanor. They have one year to file the misdemeanor and three years to file any charge that could be charged as a felony, even if they actually charge it as a misdemeanor. Don't make any statements about the facts of your case online or you may find yourself regretting it. You can call the court periodically to see if charges have been filed. I wouldn't count on receiving anything in the mail. Good luck to you.

Posted

I agree with my colleagues.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

The DA has 3 court days to arraign you or the Jail has to release you. That does not mean it is over. I am guessing they are going to file felony charges which means they have 3 years to file not 1. The 1 year is for misdemeanors. I deal with the Vista DA's all the time and it is not uncommon for them to not file in the 3 day window so they can be sure they have done a thorough job in gathering evidence and interviewing witnesses. I would expect a notice in the mail or police at your door in the coming months. An attorney can help you arrange bail with a bondsman and a surrender to keep you out of jail or minimize any jail time if you can afford bail.

Posted

The DA may be waiting on the results of any blood alcohol tests and/or to determine the extent of the injuries of those you are alleged to have hit before making their decision to file the case as a felony or a misdemeanor.

Do not be complacent during this time and do nothing but wait and wonder what's going to happen. Consult with and hire a locally experienced criminal defense attorney who can be your voice to the DA's office while advising you of all the stuff you can be doing between now and when/if the DA files charges...not to mention make sure you setup your DMV hearing within 10 days of your arrest to ensure you do all you can to preserve your driving privileges.

Good Luck!

Posted

You should not contact or speak with any prosecutors or law enforcement officers concerning this matter. Anything you say can be used against you, and you have no way of knowing how they'll interpret your statements or anticipate what information they need to strengthen their case. I've been a defense attorney in North County for a number of years and am familar with how the D.A. operates here. The best course of action is to have a defense attorney begin to speak with the D.A.'s Office immediately to see what can be done to keep the case from getting entirely out of hand. You were likely released because they needed additional time to build a case against you. Once they know how they're going to proceed, they'll either mail you a letter telling when to appear in court, or simply obtain an arrest warrant and come and get you. Please feel free to contact my office to address any additional questions or concerns. Good luck.

Posted

The DA is waiting for results of tests or hospital records regarding the injury to other people - just as others here have said.

My point is different. DUI+injury is where you drive dui + break traffic law driving/drive negligently + your unlawful act caused injury.

Next- this charge is a wobbler - meaning it can be charge either as a misdo or felony
Next - if injury is really bad they could charge it as a Felony + Great Bodily Injury = Violent Strike.

Line up a bail bonds person and lawyer.

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