What to do when the DA doesn’t file charges

Imagine this scenario: You plan ahead and make sure you calendar your court date.  You show up early, and prepared, and… there is no case on the calendar.  The courtroom staff tell you to check with the criminal clerk’s office.  The criminal clerk tells you to check with the prosecutor – the DA’s office.  You might be confused.

In more and more Orange County cases, the DA has not filed charges by the time the date set for arraignment comes up.

It might surprise you that this is not an unusual situation.  The Orange County’s DA’s office has been subject to certain budget cuts post-recession, and this has been happening with increased regularity as a result.  When forced to prioritize, non-violent, non-felony cases , and cases where the defendant is not still jail, like most DUI cases, get the lowest priority.

There are instructions on the DUI paperwork to police officers, telling officers to send out the police report within five days. The same report goes to to both the DMV, for use in your DUI hearing, and to the prosecutor at the courthouse which has jurisdiction over your case.

But that doesn’t always happen.  And sometimes there are delays. In some cases, the DA’s office has not yet received any paperwork, or is reviewing paperwork, or has sent back the reports, asking for more information before they file​ charges.

How long do they have to file charges?

Under Penal Code section 1382, the prosecutor’s office has one year from the date of commission of the offense to file charges for misdemeanors like a DUI (and three years if it’s a felony charge). ​ If your case is filed at a later date, a letter with your new court appearance date will be sent to your address on the police report or citation.  If you’ve moved, make sure to update your forwarding address with your local post office.

For Orange County DUI cases, you also should periodically check the court’s website, www.occourts.org, and once the case is filed, it will appear there.  Under the law, the District Attorney’s office has up to one year from the date of the incident or arrest to file a misdemeanor charge.

Could this help my DUI get dismissed?

Probably not.  But as more times goes on, the odds of you never having to deal with the case increases. Keep track of that one year date from your arrest or citation. If your case is not filed within one year, you can be assured that your case will not be filed, ever.

However, DO NOT agree to go in and talk to the DA about your case! Doing so won’t help you, and may cause them to look for, and file, the case, add additional charges based upon your statement, or add evidence from your statement to the case. You have a Fifth Amendment right not to talk to the DA, police, or their investigators.

That letter will have your DA case number, and the court name, address, and your court date.  This means you will have a court date coming up, and will need to contact us, or another among the top Orange County DUI Attorneys,  to help you with your case.

Contact us now if you need DUI help.