I got arrested for DUI over three months ago. I was barely over the legal limit. My arraignment date was set a few weeks after. When my lawyer showed up, all he got was a generic paper with a box checked saying they had no papers from the police sent to them and that they would notify me when they did. Months after I still haven't received any paperwork. When the police arrested me he was generally kind and drove my car to an empty parking lot so it wouldn't be towed and said he would write a "good report" for me and told me "sometimes the DA's won't press charges...you never know" when i asked him about the process. My stuff did get forwarded to the DMV and they heartlessly suspended my license with no case even on the books. Im just wondering...did i get lucky with the criminal side?
Sorry, but don't rest easy just yet. The Orange County DA is notoriously back logged and just may not have gotten to your case yet. Sorry.
Your attorney should be able to tell you the status of your case.
Every day that goes by makes it less and less likely that they'll file, but you can't rest easy until one year from your arrest date. Good luck to you.
Do you remember the Pulp Fiction the scene with Winston Wolf, "lets not.....quite yet gentlemen"
Anyway, because the DA is backlogged you can't celebrate (alcohol free) until a year has passed since your arrest.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Prosecutor has up to a year to prosecute. However sometimes an attorney check with the prosecuting agency to find out if they intend to file. Here in San Diego they call it a reject letter where a reject number is issued. If they do decide to file charges, then they should send you a notify letter before the year is up. Also if you received discovery from a DMV hearing, reviewing the police report might also give you a good idea if they are likely to file.
If your case were in LA I could tell you that you were out of the woods. Id trust Mr. Dane. Thats his territory. One phone call to the DA will tell you if they reviewed your file or not. If they have rejected the case you are in the clear. If not, then the answer is no. Call your lawyer or the DA in Westminster.
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