If no criminal charges or DUI charges are filed on your Court date, they could still be filed later. If no charges are filed within 3 Court days and you are in custody, you will be released. Charges could still be filed as long as they are filed by the D.A. (District Attorney) within the statute of limitations. The statute of limitations is the law which says any criminal charges must be filed within a specific time frame, depending on the offense, or they can never be filed. Misdemeanors must be filed within 1 year, most felonies must be filed within 3 years. There are some criminal charges like murder which has no limitation on filing, other serious felonies like child molestation and other serious offenses can be filed many years later. The California Penal Code can tell you what the various statutes of limitation are for different offenses.
A case may not be filed for several reasons. It may be that further investigation is required, lab results are not complete or there is insufficient evidence. Once a case is reviewed and rejected, it is unlikely to be filed, however with further information or a subsequent incident it could be filed later. Many times the case remains under review by the D.A. and could be filed later with further investigation. The D.A.’s office will never give you a letter saying charges will not be filed, but they will give you a letter on your Court date indicating no charges are filed at this time, but could be filed in the future. You would usually be notified by mail, but an arrest warrant could also go out if charges are filed later. The “reject letter” is always nice to have for your bondsman and for proof you tried to appear as ordered.
If you have been arrested or cited for criminal charges or DUI charges, it is important you contact a Criminal Defense attorney because they may be able to contact the D.A. prior to the case being issued and provide additional evidence that may result in the case being rejected instead of filed. Call Christoph Law Offices at 760-941-5720 free initial consultation and evaluation of your case. Located across from Vista Courts for over 32 years and in Court daily, we know what needs to be done to help you achieve the best result in your case.
