Can the DA decide not to press charges but, later because of continued criminal defiance i.e. other alcohol related crimes go through with the charges
The DA can file up till the statute of limitations which is one year for a misdemeanor DUI.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Each time you commit a crime the DA has the opportunity to prosecute the crime for the statute of limitations, for a misdemeanor offense they have up to one year from the date offense to file charges. Additional misconduct may change the DA's initial decision not to file charges to a decision to file on any or all prior cases as long as they are within the requisite statute of limitations.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
Yes, but your reasoning may not be at issue. Sometimes cases slip through the cracks, sometimes there is insufficient evidence, sometimes it is sitting on a pile on someone's desk and may not be filed until the one year mark.
As my colleagues have already stated, yes they can - though the liklihood of doing so is uncertain. Since the DA has a year from the date of arrest to file misdemeanor charges, there can be a lot of different reasons why they don't file right away. It may be for a lack of evidence, but it may also just be that they haven't got around to it yet, maybe they simply are undecided. All that you can know for certain is that additional arrests - particularly for offenses i the same "family" of crimes will probably put a bit of a spotlight on you at the DAs office. It definitely doesn't help your chances of them just forgetting about your first case, but its hard to say how much it hurts your chances either. Either way, if you have new alcohol offenses in San Diego County you need to either hire a local private criminal defense firm or talk to the public defenders office. Some of us offer free consultations for criminal cases.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. We at the Law Offices of Benjamin Theule offer consultations on San Diego cases.
Typically the DA will have an opportunity to file charges up to a year from the date of arrest. If any new information comes to light that helps them build a case, then it is likely. Contact a criminal defense attorney to discuss your options.
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