Was arrested on a search warrant for pc 487(b)(3).. Gave me no citation but did give me a court date. It has been a month and a half and I've heard nothing, no papers came in or anything, and it is 2 weeks until my court date. Does this mean something?
Also, if my charges aren't filed by the time I go to court, what happens if I do not waive my right to a speedy trial?
You are being charged with Misdemeanor grand theft right? Pomona court is usually goo about idling on time. You can call the DA's office to see if they have files yet.
You should go to cost prepared. Feel free to call me with me any questions, I would be glad to give you a free consultation.
Nobody can tell you how likely it is your case will get dismissed, especially without knowing the facts of your case, which you should NOT disclose here. If you have a court date, you need to appear. You should speak with an attorney before that date about your case. In fact, you should speak with a few (most offer free consultations) and choose the one you feel most comfortable with. If you cannot afford a private attorney the court will appoint you a public defender at your first court date. Whether you get a private attorney or use the public defender, you should only speak with them about your case, that means NOBODY elsem especially law enforcement.
If charged are not filed by the time you go to court, that does not mean they will not ever file. They have up to a year to file a misdemeanor charge and up to 3 years generally to file felony charges. If you do not hire a private attorney to do all this, then tell the bailiff your case was not called, and ask whether he or she has your case in that court room. If the bailiff confirms your case is not there, go to the court clerk and ask for a proof of appearance in case you were supposed to be there and there is a mix up.
If you would like a free consultation of your case feel free to contact me via e=mail or phone.
Michel & Associates, PC
All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.
The fact you have not received any papers now is common- they should be there when you go to court. Your offense is serious- theft . You need an attorney. Pomona DA 's file ! Your theft charge is coming.
Call me if you have questions. You have no dopey trial issues until case filed.
Call me with any questions.
Your speedy trial rights only kick in once you're arraigned. Without the filing of charges yet, that's not the issue.
The statute of limitations (how long the DA has to file charges) is one year on most misdemeanors, three years on most felonies and 4 years on fraud cases.
It appears that you're not yet close to the statute of limitations. The DA's office may miss your court date, but it doesn't mean the will be dismissed just because it wasn't filed by your court date. As stated in another response, be sure to get documentation that you appeared on the date you were supposed to so there's no allegation that you failed to appear for some reason.
We can call the DA's office for you on Monday if you like. Cases dont get dismissed. They get rejected before your court date. If you need an explanation as to the difference give me a ring. Best you get counsel before ur court date.
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